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UNITED STATES OF AMERICA. 



CIVIL 



GOYEENMENT 



OF 



ILLINOIS 



AND 



THE UNITED STATES. 



Part I, to Page 105. 
Part II, from Page 105. 






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CHICAGO: 
GEO SHERWOOD & COMPANY. 



J< 5 1 






COPYKIGHT, 1885. 

By Geo. Shekwood & Co 



PART I.— TO PAGE 105. 



CIVIL 



GOYEKNMENT 



OF 



ILLINOIS. 



BY 

EDWIN C. CRAWFORD, A.M., 

Member of the Chicago Bar. 
Former Principal of Waukegan High School. 



m 



PREFACE. 



The objects of this book are : 

To describe in detail every part of the machinery of 
government of the State of Illinois, and of each political 
sub-division of the State. 

To state briefly all the important duties of every 
public officer in the State of Illinois. 

To outline the government of the United States. 

It has been written with especial reference to the 
wants of teachers and students, and officers of school 
districts and townships. 

It is believed that it will be welcomed by all who 
desire to be intelligent as to the government in which 
they are most directly interested, namely, that of their 
own state, county, township and school district. 

E. C. C. 

Chicago, October 30, 1882. 



Copyright, 1882, 
By Geo. Sherwood & Co. 



TABLE OF CONTENTS. 



I. THE SCHOOL DISTRICT. 

PAGE 

School Directors, their Election, Powers and Duties, - - 5 

How School Districts Receive their Share of the State Fund, 7 

How Districts may be Divided 7 

Transferring Pupils from one District to another, - 8 

II. THE TOWN 

Town and Township Distinguished, 8 

Town Officers, their Terms of Office, ----- 9 

Town Meeting, 10 

Its Organization for Business, 10 

Powers and Duties of Voters at Town Meeting, 12 

Oath and Bonds of Town Officers, 13 

Town Boards, their Powers and Duties, 14 

Town Supervisors, their Powers and Duties, - 15 

Town Clerk, his Powers and Duties, 15 

Assessor and Collector, their Powers and Duties, . - 16 

School Trustees, their Powers and Duties, 16 

School Treasurer, his Powers and Duties, - - - - 16 
Highway Commissioners and Overseers, their Powers and Duties, 17 

Pound Master and Commissioner of Canada Thistles, - - 18 

Justices of the Peace and Constables, 18 

Civil Causes, Criminal Causes, 18 

Holding to Bail, 19 

Pay of Town Officers, 19 

Special Town Meeting, 19 

The Nature of Town Government, - 20 

Officers of Townships, 21 

III. THE COUNTY. 

COUNTIES UNDER TOWNSHIP ORGANIZATION. 

County Officers, Terms of Office, ------ 22 

The Count v Board, Powers and Duties, ... - 22 

The Grand' Jury, 24 

The Petit Jury, 25 

County and Probate Courts, 25 

County and Probate Judges, their Duties, - 26 

County Clerk, his Duties, - - 27 

Sheriff, his Duties, 27 

State's Attorney, his Duties, 28 

Coroner, his Duties, 28 

Circuit Clerk and Recorder of Deeds, their Duties, - - 29 

Deeds, Recording Deeds, Mortgages, ----- 30 

County Treasurer, his Duties, 30 

Superintendent of Schools, his Duties, 31 

Departments of County Government, 31 

COUNTIES NOT UNDER TOWNSHIP ORGANIZATION. 32 

Compensation, Bonds, and Oath of County Officers, - - 33 



4 TABLE OF CONTENTS. 

IV. THE STATE. 

PAGE 

The Legislature, 33 

Election of Members of the Legislature, 34 

Meeting of the Legislature, 34 

Duties of Lieutenant-Governor and Speaker, - 34 

Duties of the Legislature, - 35 

Executive Department of the State, - - - - 36 

The Governor, his Duties, Pay, etc., - 36 

If Governor's Office Becomes Vacant, Who Succeeds, - - 37 

Secretary of State, his Duties, Pay, etc., .... 38 

Auditor, his Duties, Pay, etc., 39 

State Treasurer, his Duties, Pay, etc. , 39 

Superintendent of Public Instruction, his Duties, Pay, etc., . 40 

Attorney-General, his Duties, Pay, etc , - . , - - - 40 

Returning Board, 41 

Appointed State Officers, - 41 

Officers Appointed by Governor with Consent of the Senate, - 41 

Officers Appointed by Governor Alone, .... 41 

Duties, Pay, etc. of Former Officers, 42 

Duties, Pay, etc. of Latter Officers, 44 

State Militia, 45 

Judicial Department, - 45 

Circuit Courts, 45 

Circuit Court Officers, 45 

Appellate Courts, 46 

The Supreme Court of the State, 47 

Pay of Officers of the Judicial Department, ... 47 

V. CITIES. 

Their Government, 48 

Officers of Cities, their Duties and Pay, - 48 

VI. VILLAGES. 

Their Government, Their Officers, 50 

VII. GOVERNMENT OF THE UNITED STATES. 

Congress, 51 

Executive Department of the United States, - - - 53 

Judicial Department of the United States, 54 

Army and Navy of the United States, - - - - 55 

Civil Service of the United States, 55 

VIII. MISCELLANEOUS. 

National Political Conventions, 56 

Counties Comprising the Congressional Districts of Illinois, - 58 

Counties Comprising the Senatorial Districts of Illinois, - - 60 

Counties comprising the State Supreme Court Grand Divisions, 62 

Counties comprising the State Supreme Court Election Districts, 63 

Counties comprising the Appellate Court Districts, - - 64 

Counties comprising the Circuit Courts, . . . - 64 

The Constitution of the State of Illinois, - - - - 67 

The Constitution of the United States, 95 



CIVIL GOVERNMENT. 



THE SCHOOL DISTKICT. 

Q. What are the officers of a school district called ? 

A. Directors. 

Q. How many directors are there in each district ? 

A. Three. 

Q. For what term are they elected ? 

A. Three years. 

Q. When are they elected ? 

A. One director is elected every year at the annual 
district election, which is held on the third Saturday of 
April. 

Q. What notice must be given before the election ? 

A. Ten days before the election the directors must 
put up notices in three of the most public places in the 
district, stating the place where the election will be 
held, when the voting will begin and end, and the ques- 
tions that will be voted on. 

Q. What must the directors do within ten days after 
the election? 

A. They must meet and choose one of their number 
president and another clerk of the board of directors. 

Q. What are the president's duties ? 

A. To preside at the meetings and execute the orders 
of the board. 

Q. What are the clerk's duties ? 

A. To keep a record of the acts of the board, and 
submit it on the first Mondays of April and October to 
the town treasurer. On or before July 7, annually, to 



6 Crawford's civil government. 

report to the town treasurer such facts as the treasurer 
must report to the county superintendent. 

DUTIES OF DIRECTORS. 
Q. What are the duties of the whole board of direc- 
tors ? 

AS TO TEACHERS? 

A. To appoint teachers and fix their pay, and to dis- 
miss them for incompetency or bad conduct. 

AS TO SCHOOL MANAGEMENT? 

A. To visit schools and make rules for their govern- 
ment. To direct what branches shall be taught. Not to 
permit a change of text books oftener than once in four 
years. 

AS TO REPORTS TO TREASURER? 

A. To report to the town treasurer whatever facts the 
law requires him to report to the county superintendent. 

AS TO TAXATION? 

A. To levy a tax sufficient, with the district's share of 
the State fund, to maintain school at least five months in 
the year, and to erect necessary school-buildings. 

Directors can not levy a tax of more than three per cent, for build- 
ing and two per cent, for other educational purposes. They can 
levy a tax sufficient to maintain school nine months of the year, if 
the tax does not exceed two per cent, of the assessed value of all the 
property in the district. 

AS TO REPORTS TO VOTERS? 

A. Directors must at the annual district election submit 
to the voters a report of all sums of money received 
and paid out by them during the year (having sent a 
copy to the township treasurer within five days of the time 
of election), and must post on the door of house where 
the election is held the township treasurer's exhibit of 
the sums received and expended by the district during 
the preceding year. They must also give the names of 



THE SCHOOL DISTRICT. 7 

all persons between the ages of twelve and twenty-one 
in the district who can not read and write, and state the 
causes of the neglect to educate them. 

AS TO COMPULSORY EDUCATION. 

To compel all children between the ages of eight and 
fourteen years, to attend school, at least twelve weeks 
in each school year. Failure to perform this duty sub- 
jects directors to prosecution and a fine of ten dollars. 

HOW DISTRICTS RECEIVE THEIR SHARE OF THE 
STATE FUND. 

Q. How do districts receive their share of the State 
school tax ? * 

A. On the first Monday in January every year, next 
after taking the census of the State, the State auditor 
issues to the superintendent of schools in each county an 
order on the county treasurer for a sum of money pro- 
portioned to the number of children in the county under 
twenty-one years of age. 

Next, the county superintendent must require each 
township treasurer to give a sufficient bond for the safe- 
keeping of the money to be paid over to him, and then 
pay to him a sum proportioned to the children under 
twenty-one in his town.f 

The trustees then find how much each district is en- 
titled to, the sum being proportioned to the children in 
the district under twenty-one. They then let the direc- 
tors of each district know what sum belongs to their 
district, and that sum is paid out by the township treas- 
urer as the directors give orders. $ The directors' orders 
for the payment of money must be in writing. 

*In addition to the State tax, each district receives also its proportionate share of 
the following funds ; viz : Interest on the state, county and township school funds, 
and the fines and forfeitures collected by justices of tile peace. 

tThe county superintendent must not pay this sum unless the directors have 
made their annual reports according to law. 

t The treasurer should withhold all money until the directors have returned to 
him their schedules ; which they should return in April and October. 



8 crawfokd's civil government. 

HOW DISTRICTS MAY BE DIVIDED. 

Q. Who lay out townships in school districts ? 

A. The trustees. 

Q. How can the boundaries of districts be altered ? 

A. The trustees may alter them when petitioned so to 
do either by a majority of the voters of the district or 
districts affected, or by two-thirds of the voters of the 
territory involved. Within ten days from final action 
upon a petition by trustees, an appeal may be taken 
from such action to the county superintendent. The 
county superintendent may grant or refuse the petition 
on appeal.* 

TRANSFERRING PUPILS. 

Q. How may pupils be transferred from one district 
to another ? 

A. By getting the written consent of a majority of 
the directors of both districts. 



II. THE TOWN. 

TOWNS AND TOWNSHIPS DISTINGUISHED. 

Q. In what town (or township) do you live ? Give its 
bounds. What cities or villages does it contain ? How 
many are its school districts ? 

Q. Who lay out towns ? 

A. Three commissioners, appointed by the county 
board. (See page 22.) 

Q. Who lay out townships? 

A. United States surveyors, when the Government 
lands are first surveyed. A township is six miles square. 

Q. Do the " towns" of a county coincide with its 
" townships?" 

* See Sec. 33 of School Laws. 



THE TOWN. 9 

A. Not always. But it is the duty of county boards 
to so lay out towns that they will coincide with town- 
ships, if possible. 

Q. What is the chief difference between " towns" 
and " townships." 

A. Towns govern themselves in all local matters. 
Townships govern themselves in school affairs only. 
In all other local matters they are governed by the 
county boards. 

Q. What is the origin of "town government" in 
Illinois ? 

A. In 1848 a new State constitution was adopted, 
which provided that town government might be organ- 
ized in all counties where a majority of the people voted 
for it. The constitution adopted in 1870 contains a 
similar provision. 

Q. Have all the counties in the State accepted town 
government, or " township organization," as it is more 
commonly called ? 

A. No. About twenty counties have not yet done so. 
These counties are in the southern part of the State. 

Q. Has the county in which you live adopted town- 
ship organization ? If yes, when did it do so ? 

TOWN OFFICERS— THEIR TERMS OF OFFICE. 

Q. What officers do towns have, and what are their 
terms of office % 

A. One or more supervisors, a collector, a clerk, an 
assessor ; term of each, one year. Three highway com- 
missioners ; term three years, one commissioner being 
elected annually. Two or more justices of the peace ; 
two or more constables ; term of each, four years. One 
or more poundmasters may be elected at town meetings, 



10 Crawford's civjl government. 

to serve one year.* A commissioner of Canada thistles 
may be appointed by the board or town auditors, to 
serve three years. 

Q. In what case has a town more than one super- 
visor ? 

A. In towns of 4,000 inhabitants there is one assist- 
ant, and for every 2,500 above 4,000 one supervisor is 
added. 

Q. In what case are there more than two justices and 
two constables ? 

A. One justice and one constable are added for every 
1,000 inhabitants above 2,000 till there are five of each. 

TOWN MEETING. 

Q. What do towns have that unorganized town- 
ships lack ? 

A. Town meetings. 

Q. What is a town meeting ? 

A. It is a meeting of the voters of the town to elect 
town officers, adopt rules for the government of the 
town, and to hear the reports of the town officers for 
the preceding year. 

Q. When is the annual town meeting held ? 

A. On the first Tuesday of April. 

Q. What must precede the meeting ? 

A. The town clerk must post notices of the time and 
place of holding the meeting in three of the most public 
places in the town ten days before the meeting, and in- 
sert the notice also in a newspaper, if any is published 
in the town. 

ORGANIZATION OF THE TOWN MEETING. 

Q. How does a town meeting prepare for business ? 
A. Between 8 and 9 o'clock the town clerk calls the 

* In towns coincident with townships one school trustee is elected annually at 
town meeting. See page 21. For election of school treasurer, see page 21. 



, 



THE TOWN. 11 

meeting to order, and calls on the voters present to elect 
one of their number moderator. 

Q. What must the moderator do before assuming 
his office? 

A. He must take an oath, faithfully to discharge his 
duties. 

Q. What are his duties ? 

A. To act as a judge of election and preside over the 
meeting during the transaction of miscellaneous busi- 
ness. 

Q. What further duties has the clerk after the elec- 
tion of moderator ? 

A. He must write all the proceedings of the meeting 
in a book known as the "town records," and must sign 
his name to the record of each meeting. The moderator 
must also sign his name to the same. 

Q. After the moderator is chosen and has taken his 
oath of office, what is next done ? 

A. The ballot box is produced and voting for town 
officers begins. 

Q. How are town officers voted for ? 

A. By ballot. That is, each voter hands a ticket con- 
taining the names of the candidates for whom he wishes 
to vote to a judge of election, who puts it in the ballot 
box. 

Q. Who besides the moderator are judges of elec- 
tion ? 

A. The supervisor, collector and assessor. 

Q. What are the duties of judges of election ? 

A. To receive the ballots (or tickets), not permit any 
unqualified person to vote, and to count the votes after 
the polls are closed. 

Q. What persons have a right to vote ? 

A. All men 21 years old or older, who are citizens of 



12 CRAWFORD'S CIVIL GOVERNMENT. 

the United States, and have lived in the State one year, 
in the county ninety days, and in the voting precinct 
thirty days next preceding the election. 

POWERS AND DUTIES OF TOWN MEETINGS. 

Q. What besides electing officers is done at town 
meeting ? 

A. Miscellaneous business is attended to. 

Q. When is this done ? 

A. At 2 o'clock in the afternoon the ballot box is 
closed, and the moderator calls the meeting to order for 
miscellaneous business. 

Q. What are some of the things that may be done 
under the name of miscellaneous business ? 

A. Under the name of miscellaneous business the 
voters may hear and act upon the reports of officers for 
the preceding year. 

May order the raising of money by taxation for roads, 
bridges, and some other objects. 

May direct the proper officers to commence and de- 
fend lawsuits for the town. 

May offer rewards for the destruction of Canada 
thistles. 

May offer rewards for planting trees by public roads. 

May make rules about fences in the town. 

May regulate or forbid the running at large of stock. 

May provide for public wells and watering places. 

May forbid the doing of anything that will lessen the 
healthfulness of the town. 

May decide whether the road tax shall be paid in 
money or in work. 

May provide for fining any one who shall break any 
of the rules adopted at town meeting. No fine can be 
more than $50.00. 



THE TOWN. 13 

Q. How may votes be taken on questions of miscel- 
laneous business? 

A. In three ways. Viva voce, that is, by answering 
" Aye "or " No " to the questions put to the meeting by 
the moderator ; by division of the house, that is, by 
those favoring a motion, moving to one side of the house, 
those opposing, to the other ; and by standing to be 
counted. 

Q. What follows miscellaneous business ? 

A. After the moderator announces that it is closed, 
the ballot box is again produced, and voting for town 
officers begins again and continues until the closing of 
the polls. As soon as the polls are closed, the judges of 
election count the votes, and the clerk makes a record 
of the result and reads this publicly to the meeting. 

Q. If a town office becomes vacant by death, resigna- 
tion or other means, what is done % 

A. The town board of appointment, consisting of the 
supervisor, clerk and justices of the peace, choose some 
person to fill the vacancy during the remainder of the 
term. 

OATH AND BONDS OF TOWN OFFICERS. 

Q. What must all town officers do before taking pos- 
session of their offices ? 

A. They must take an oath in which they promise to 
support the constitution of the United States and of 
Illinois, and to faithfully perform the duties of their 
offices. 

Every officer that has public money to handle must 
give an official bond for double the sum of money 
that he will receive, to secure the public against loss. 

Q. What is an official bond ? 

A. It is a written promise by an officer and at least 



14 CRAWFORD'S CIVIL GOVERNMENT. 

two other persons to pay into the public treasury a cer- 
tain sum of money if the officer does not take proper 
care of the public money that may come into his hands. 

TOWN BOARDS. 

Q. Name the various town boards, and state who 
compose them and what their duties are ? 

A, The hoard of appointment has been already 
described. 

The hoard of health consists of the supervisors, the as- 
sessor and town clerk. It is their duty to prevent the 
spread of contagious diseases. 

The board of auditors consists of the supervisor, clerk, 
and one or more justices of the peace. It is their duty 
to examine all claims against the town, and to see 
that the town is not defrauded out of any money. 
For this purpose they meet at the town clerk's office 
twice a year, on the Tuesday before the annual meet- 
ing of the county board, and on the Tuesday before the 
annual town meeting. 

At these meetings the accounts of all the town officers 
are examined for the purpose of learning whether the 
public money has been properly cared for and judiciously 
expended. 

The hoard of equalization consists of the assessor, 
clerk and supervisor. This board meets on the fourth 
Monday in June, every year, to equalize assessments of 
the value of property. The assessor may set too high 
a value on some property and too low a value on other 
property. The owners of the former would pay too 
much tax, the owners of the latter too little. It is the 
duty of the board to equalize all the assessor's valua- 
tions as nearly as possible. 



THE TOWN. 15 

DUTIES OF TOWN OFFICERS. 
SUPERVISORS. 

Q. What are the duties of the principal supervisor ? 

A. To act as treasurer of all town money except the 
school and the highway and bridge funds. 

To oversee the town paupers. 

To attend meetings of the county board. 

To report to the town board of auditors one week be- 
fore the annual town meeting all sums of money 
received and paid out by him during the year. 

To file with the town clerk, one week before the an- 
nual town meeting, a statement showing what sums of 
money are due the town and what sums the town owes. 
(This statement the clerk must copy into the town 
records and read at the town meeting.) 

To carry on lawsuits for the recovery of fines and 
penalties due the town. 

Q. What are the duties of assistant supervisors . 

A. They have no authority in town affairs (except as 
inembers of the board of health), but in the county 
board they have the same powers as the principal super- 
visor. 

CLERK. 

Q. What are the clerk's duties ? 

A. To take care of all records, books and papers 
belonging to the town. 

To record all acts of town meetings and of the town 
board of auditors. 

To send to the county clerk, on or before the second 
Tuesday in August, a statement of the amount of taxes 
to be levied in his town for that year. 



16 CRAWFORD^S CIVIL GOVERNMENT 

ASSESSOR, COLLECTOR. 

Q. What is the assessor's duty ? 

A. To make an assessment of all the property in the 
town. 

Q. What is an assessment ? 

A. It is a value set on property and written down in 
the assessor's book for the purpose of taxation. 

Q. How is each man's tax found ? 

A. By multiplying the value of his property as fixed 
by the assessor by the rate per cent, of taxation. 

Q. What are the collector's duties ? 

A. To collect the town taxes. To pay those levied 
for school purposes to the treasurer of the school fund ; 
those levied for roads and bridges, to the treasurer of 
the highway commissioners ; and those levied for gen- 
eral town purposes, to the principal supervisor. 

SCHOOL TRUSTEES. 

Q. What are the duties of trustees of schools ? 

A. To divide the township into school districts accord- 
ing to the wishes of a majority of the people. 

To divide the school money among the districts in 
proportion to the number of children in each, under 
twenty-one years of age. 

To withhold money from all districts that do not keep 
their schools according to law, and in obedience to the 
directions of the county and State superintendents. 

To control township high schools, when such have 
been established. 

To appoint a treasurer of the school funds. 

SCHOOL TREASURER. 

Q. What are the school treasurer's duties ? 

A. To take care of the school money of the township. 



THE TOWN 17 

To keep the permanent school funds at interest. 

To report annually to the trustees, all sums received, 
paid out, and in hand. 

To settle twice a year with the directors, making a 
sworn statement that will show the amount each district 
is entitled to. 

To report under oath, on or before September 30, 
annually, to the county superintendent the condition of 
the township funds. 

To report to the county superintendent such facts as 
are called for by the State superintendent. 

HIGHWAY COMMISSIONERS. 

Q. What are the duties of highway commissioners? 

A. To choose one of their number treasurer. 

To divide the town into a suitable number of road 
districts. 

To lay out new roads and alter old ones, and to build 
new bridges, when they deem such acts necessary, 

To keep roads and bridges in repair. 

To put up guide boards at forks and crossings. 

To levy a road tax and see that it is collected, or an 
equivalent amount of work done on the roads of the 
towiio 

To appoint, in towns where road tax is paid in labor, 
an overseer of highways in each road district. 

To give directions to overseers of highways about the 
work in their respective road districts 

OVERSEERS OF HIGHWAYS. 

Q. What is the duty of overseers of highways ? 
A. To superintend the road work done in their re- 
spective districts. 

2 



18 CRAWFORD'S CIVIL GOVERNMENT. 

POUNDMASTER AND COMMISSIONER OF CANADA 
THISTLES. 

Q. What is the poundm aster's duty ? 

A. To shut up stock found running at large, and hold 
it till the owners take charge of it. 

Q. What is the duty of the commissioner of Canada 
thistles ? 

A. To destroy all Canada thistles found growing in 

the town. 

JUSTICES AND CONSTABLES 

Q. What are the duties of justices of the peace ? 

A. To try civil causes when the sum in dispute is not 
more than $200. 

To try criminal causes, when the punishment is by fine 
only and the fine is not more than $200. 

To try offenders in cases of assault and battery, and 
in some other cases. 

To examine those accused of offenses punishable by 
imprisonment in the county jail or penitentiary, and if 
the evidence shows their guilt, to hold them to bail or 
send them to jail, to remain till the meeting of the grand 

J U1 T- 

Q. What are the duties of constables ? 

A. To stop all disorderly conduct that they witness^ 

and to execute the orders of justices of the peace and 

other magistrates. 

CIVIL CAUSES. 

Q. What is a civil cause ? 

A. It is a suit in court to compel the defendant to pay 

the plaintiff a sum of money for a debt due or an injury 

done to the plaintiff, or to recover possession of 

property. 

CRIMINAL CAUSES. 

Q. What is a criminal cause ? 



THE TOWN. 19 

A. It is a suit brought to secure the punishment of 
some person who has offended against a public law. 

Q. What is a fine? 

A. It is a sum of money to be paid into the public 
treasury by an offender against law as a punishment for 
his offense. 

Q. What is an assault ? 

A. An attempt by one person to strike another. If 
the act is done, the offense becomes assault and battery. 

HOLDING TO BAIL. 

Q. What is " holding to bail J " 

A. It is compelling a prisoner to produce a certain 
number of persons who will promise in writing to pay 
into the public treasury a given sum of money, if the 
prisoner, being set at liberty, does not afterward appear 
in court on a certain day. 

PAY OF TOWN OFFICERS. 

Q. What can you say of the pay of town officers ? 

A. Some are paid by the day, others partly by the 
day and partly in fees. Those paid by the day receive 
from $1.25 to $2.50 per day. The fees vary widely in 
amount, and are fixed by State law. 

Q. What is a fee ? 

A. A certain sum to be received for a certain service. 
For example, the clerk receives twenty-five cents for 
posting a notice of a town meeting. 

SPECIAL TOWN MEETINGS. 

Q. Can there be more than one town meeting in the 
same year ? 

A. Special town meetings may be held when the 
supervisor, clerk, and a justice of the peace, or any two 
of these officers, together with at least fifteen voters, 



20 Crawford's civil government. 

sign a written statement that a special town meeting is 
necessary, and tile this statement in the town clerk's 
office. This statement must describe the object of the 
meeting. 

Notice must then be given as for other town meetings, 
the notice stating the object for which the meeting is 
called. No business can be done at a special town meet- 
ing, except such as is described in the statement filed 
with the clerk and contained in the clerk's notice of the 
meeting. 

THE NATURE OF TOWN GOVERNMENT. 

Q. What three kinds of acts are done in governing 
a town ? 

A. Legislative, executive and judicial. 

Q. Who do the first? 

A. The voters at town meeting, when they vote on 
motions during the transaction of miscellaneous busi- 
ness. The motions that they adopt become laws for the 
government of the town. 

Q. Who do the second ? 

A. The supervisor, school trustees and highway com- 
missioners. They see that the laws made at town meet- 
ing (and also State laws) are put into effect, or executed. 

Q. Who perform the third kind of acts ? 

A. Justices of the peace and constables. They enforce 
obedience to the laws by punishing those who break 
them. 

As in the town, so in the village^ the city, the county, 
the State, and the United States, we shall find these 
three departments of government, and only these, 
namely ; the legislative or law-making, the executive, or 
that which puts the law into operation, and the judicial, 
or law-enforcing. 



THE TOWN. 21 

Q. What kind of a government is that of a town ? 

A- A pure democracy. The people themselves make 
the laws. 

Q. What kind of a government is that of an unorgan- 
ized township ? 

A. A representative democracy. The local laws for 
the township (except in school matters) are made by 
representatives chosen by the people ; namely, the 
county commissioners. 

(It is to be remembered that over the laws made as 
above described, are the general laws made by the State 
legislature for towns and townships alike.) 

OFFICERS OF TOWNSHIPS. 

Q. What officers do townships have ? 

A. They have three school trustees, one trustee being 
elected on the second Saturday in April each year ; and 
a school treasurer, elected biennially by the trustees. 

In counties under township organization, if any town- 
ships do not coincide with the bounds of organized 
towns, such townships also hold their election for school 
trustee on the second Saturday in April. And if a 
township lies partly in two or more counties, it never- 
theless elects school trustees, and is governed in school 
matters as if it lay wholly in one county and was not 
coincident in its bounds with an organized town. 

In counties not under township organization, the 
county board divides the county into election precincts. 
Each precinct elects as many justices and constables as 
a town of equal population. 

Q. How many kinds of townships are there in Illi- 
nois ? 



22 CRAWFOBJD'S CIVIL GOVERNMENT. 



III. THE COUNTY. 

Q. What political division of the State is larger than 
the town ? 

A. The county. 

Q. In what county do you live? How large is it? 
Is it under township organization? If so, give tide 
names of its towns. Give its bounds. Name its seat. 
What is a county seat? 

A. It is the city or village where the court-house and 
county offices are, and where the county business is 
done. 

COUNTY OFFICERS— THEIR TERMS OF OFFICE. 

Q. Name the officers of a county and give the term of 
each. 

A. County clerk, clerk of the circuit court, recorder, 
county judge, probate judge, State's attorney, sheriff, 
superintendent of schools, treasurer and coroner ; term, 
four years. In counties under township organization, 
supervisors ; one or more from each town, and one or 
more from each city in the county (the number from 
cities being determined in the same way as in towns) ; 
term, one year. 

In counties not under township organization, instead 
of supervisors there are three commissioners, elected by 
the whole county for a term of three years. 

THE COUNTY BOARD— POWERS AND DUTIES. 

Q. What officers constitute the county board ? 
A. The supervisors or commissioners. 
Q. How many meetings do the supervisors hold in a 
year ? 



THE COUNTY. 23 

A. Two regular meetings, namely, on the second 
Monday in July and the second Tuesday in September ; 
and special meetings whenever one-third of their num- 
ber ask for such meetings. 

Q. How does the county board organize for business ? 

A. The first meeting of the year is called to order by 
the county clerk, when the supervisors proceed to elect 
one of their number chairman for the succeeding 
year. 

Q. What are the duties of the chairman ? 

A, To appoint the committees and preside over the 
meetings of the board. 

Q. What can you say about the committees ? 

A. A committee consists of three or more members 
of the board, whose special duty it is to look after some 
branch of the county business. Thus, the members of 
the committee for the poor see that the county farm for 
the support of the county's paupers is properly man- 
aged, and that the paupers are properly fed, clothed and 
housed. They also examine and alloAv or disallow bills for 
the support of the poor. This is called " auditing bills." 
Nearly all the county business is divided among the 
committees of the board, but each committee must 
report all its proposed acts to the board for its approval 
before the acts can be done. 

Q. What are some of the duties of the whole board ? 

A. To erect and furnish a court-house, jail, and other 
necessary county buildings. To levy special taxes for 
this and other purposes. 

To fix the pay of county officers, which can not be 
changed during the term for which the officers are 
elected. 

To take measures for prosecuting and defending the 
lawsuits of the county. 



24 Crawford's civil government. 

To select grand jurors, and prepare a list from which 
the .circuit clerk may draw petit jurors. 

To examine all bills against the county, and see that 
none are paid except those that are just. 

To examine the accounts of the county treasurer and 
count the money in the treasury twice a year. 

To publish in a paper of the county after each meet- 
ing a full report of all their acts. 

The supervisors must hold their meetings with open 
doors, and, if possible, in the court-house. 

They can not levy a tax of more than 75 cents on 
$100 valuation for ordinary county expenses, nor more 
than 100 cents on $100 valuation to pay a county debt, 
existing at the time of the adoption of the present State 
constitution, nor contract a bonded debt for the county, 
without first submitting the question of such tax or debt 
to a vote of the people. 

Q. Why is the county board required to hold its 
meetings with open doors, and to publish accounts of its 
proceedings % 

THE GRAND JURY. 

Q. What can you say about a grand jury ? 

A. A grand jury consists of twenty-three men. It is 
their duty to examine evidence against those accused of 
crime, and if the evidence is strong enough, to advise 
the court to put the accused on trial. The grand jury's 
advice in such a case consists in giving the court a paper 
called an " indictment," in which the criminal is named 
and his crime is described. A majority of the grand 
jury must vote in favor of an indictment before it can 
be presented to the court The grand jury hears no 
evidence in defense, and its meetings are not open to the 
public. 



THE COUNTY, 25 



PETIT JURY. 

Q. What can you say of a petit jury ? 

A. A petit jury consists of twelve men. It is their 
duty to hear the evidence on both sides of every case 
brought before them, and to decide the case according to 
the weight of the evidence and the law that applies to 
that particular case. The law is explained to them by 
the judge. Their decision is called a " verdict." A 
verdict can not be given unless all the jury vote for it. 

COUNTY AND PROBATE COURT. 

Q. Are the offices of county judge and probate judge 
filled by one man or two men in your county ? 

Q. In what case are these offices separate ? 

A. In counties of 50,000 inhabitants two men may be 
elected to fill these offices. In counties of less than 
50,000 inhabitants, one man is elected to perform the 
duties of both offices. In this case he is called simply 
the " county judge," and his court is called the vi county 
court." 

Q What jurisdiction have probate courts? 

A. They have original jurisdiction in matters relating 
to wills, the settlement of estates of deceased persons, 
apprentices, guardians of minors, and conservators of 
the insane and the imbecile. 

Q. What is meant by " original jurisdiction?" 
By ''exclusive jurisdiction ? " 

A. When a court has original jurisdiction in any mat- 
ters, suits about those matters may be commenced in 
that court. 

When a court has exclusive jurisdiction in any mat- 
2 



26 Crawford's civil government. 

ters, suits about such matters must be commenced in 
that court alone. 

Q. What jurisdiction have county courts ? 

A. They have exclusive jurisdiction in suits for the 
collection of taxes by sale of real estate, and concurrent 
jurisdiction with circuit courts in civil matters, in all 
cases like those brought before justices of the peace, if 
the amount in dispute does not exceed $1,000, and in 
criminal matters, if the punishment may not be im- 
prisonment in the penitentiary or death. County courts 
have also concurrent jurisdiction with circuit courts in 
cases appealed from justices of the peace and police 
magistrates. 

Q. What is meant by " concurrent jurisdiction ? " 

A. Matters in which two or more courts have concur- 
rent jurisdiction can be brought before either of such 
courts. If A gives me a note for any sum less than 
$200, and when it is due refuses to pay, I can sue him 
before a justice of the peace, or in the county, or the 
circuit court, for all these have concurrent jurisdiction in 
such a case. 

Q. What are civil and criminal matters ? 

(See the chapter on The Town.) 

Q. What is it u to appeal" a case? 

A. It is to carry it, after trial, to a higher court for a 
new trial. The higher court, in such an event, is said 
to have " appellate jurisdiction. " 

COUNTY AND PROBATE JUDGES. 

Q. What are the duties of county and probate 
judges ? 

A. To preside over the county and probate courts in 
their respective counties. 






THE COUNTY. 27 

COUNTY CLERK. 

Q. Who is county clerk in your county ? 

Q- What are some of the duties of the county clerk? 

A. To attend the sessions of the county court, and 
make a record, in books kept for the purpose, of what- 
ever is done by the court. 

To keep a record of all the acts of the county board. 

To keep a record of all the orders for money drawn 
on the county treasurer. 

After every general election, to count, with the aid of 
two justices of the peace, the votes as returned to him 
by the judges of election in the various towns and pre- 
cincts of the county, and to send the result to the Secre- 
tary of State. 

To issue marriage licenses. 

To compute the tax of every person in the county, 
enter it in proper books, and issue these books to the 
collectors. 

Q. What books must the clerk have before he can 
compute the tax ? 

Ac He must have the assessor's books, for in these the 
value of each person's property is set down. 

Q. How is the rate per cent, of taxation determined ? 

(See your Arithmetic.) 

Q. What is a general election ? 

A. An election where any State officer is chosen, 

SHERIFF. 

Q„ Name the sheriff in your county ? 

Q. For how long a term is a sheriff elected ? 

Q. What are some of a sheriff's duties ? 

A. To attend all the sessions of the county and circuit 
courts, to preserve order in the same, and to execute the 
commands of the court 



28 Crawford's civil government. 

To serve writs, summonses, subpoenas and other judi 
cial papers. 

To prevent disorderly conduct wherever he is, and to 
arrest offenders against the law. 

To have charge of the court-house and jail, to take 
criminals condemned to imprisonment to the peniten- 
tiary or house of correction, and to hang criminals con- 
demned to death. 

STATE'S ATTORNEY. 

Q. Name the State's attorney in your county ? 

Q. What are some of his duties ? 

A. To prosecute criminals. To draw indictments for 
the grand jury. 

To act as attorney for his county in all suits brought 
for or against it. 

To act as counsel for all county officers and justices of 
the peace in matters relating to their duties as repre- 
sentatives of the people. 

Q. Who is a criminal ? 

A. One who has offended against a public law. 

Q. What is it "to prosecute " a criminal ? 

A. To prosecute a criminal is to have him arrested an! 
brought into court, to bring evidence before the court 
intended to prove him guilty, and to ask the court to 
have him punished, if guilty. All criminals have a 
right to be tried by a jury. 

CORONER. 

Q. What are the duties of a coroner? 

A. To examine, with the aid of a jury, the body of 
any person killed by accident or having died from any 
mysterious cause, and to report such examination to the 
county clerk. 



THE COUNTY. 29 

To arrest, if necessary to prevent escape, any one 
suspected of killing the deceased. 

To act as sheriff, if the sheriff's office becomes vacant, 
or if the sheriff is interested in any suit. 

CIRCUIT CLERK AND RECORDER OF DEEDS. 

Q. What other offices, besides those of county and 
Ige 



probate judge, are sometimes united and filled by one 



man 



% 



A. The offices of clerk of the circuit court and re- 
corder of deeds. 

Q. Where are these offices united and where sep- 
arate? 

A. In counties of less than 60,000 inhabitants they 
are united. In counties of 60,000, or more, they are 
separate. 

Q. What are some of the duties of clerk of the cir- 
cuit court? 

A. To attend the sessions of the circuit court in his 
county, and make a record in books provided for the 
purpose of all the proceedings of that court. 

To keep an account of the costs of suits, such as fees 
of the sheriff, clerk, and witnesses. 

To issue process, that is, to w T rite down the orders of 
the court, and give these orders to the sheriff and his 
assistants to execute. 

Q. Who pay the costs of suits? 

A. Generally the persons against whom suits are de- 
cided. 

Q. What are the principal duties of recorders ? 

A. To obtain suitable books, and, when requested, to 
record in these, deeds, mortgages, and all other papers 
relating to the title to land, and to record also chattel 
mortgages. 



30 Crawford's civil government. 

DEEDS. 

Q. What is a deed ? 

A. It is a writing showing that a certain piece of land 
described in it is the property of the person named in 
the writing as owner or grantee. 

RECORDING DEEDS. 

Q. What is " recording " a deed ? 

A. It is making a copy of it in one of the recorder's 
books. 

Q. What are deeds recorded for ? 

A. That the recorder's books may show who owns the 
land, if the deeds are lost. 

MORTGAGES. 

Q. What is a mortgage ? 

A. It is a writing showing that a certain piece of land, 
or other property, will become the property of a person 
named in the writing and called the mortgagee, if the 
owner, or mortgagor, of the land or other property, 
does not pay the mortgagee a certain sum of money 
at a given time. A chattel mortgage is a mortgage of 
other property than land. 

TREASURER. 

Q. For what term is the county treasurer elected? 
(See page 22.) 

Q. Who is treasurer in your county ? 

Q. What are some of a treasurer's duties ? 

A. To receive and take care of all money paid for 
taxes, and to pay it out on the order of the county 
board, or in the manner specially provided by law. 

To keep books of his accounts as treasurer, and have 
them always open to the inspection of the public. 



THE COUNTY. 31 

To report to the county board at each of its regular ses- 
sions all sums of money received and paid out by him. 

SUPERINTENDENT OF SCHOOLS. 

Q. Name the superintendent of schools in your 
county. When was he elected ? When does his term 
expire ? 

Q. What are some of his duties ? 

A. To visit schools if so directed by the county board, 
notice the manner of teaching, branches taught, text 
books used, and the general condition of schools. 

To instruct teachers in the best methods of teaching. 

To hold county teachers' institutes. 

To hold examination for teachers' license at least once 
every three months. 

To decide disputes on questions of school law. 

To divide the money received from the State among 
the townships in proportion to the children under twenty- 
one years of age in each township. 

To examine and approve the bonds and books and 
accounts of township school treasurers before issuing 
money to them. 

To report to the State superintendent whatever facts 
the latter needs for his report to the governor. 

THE DEPARTMENTS OF COUNTY GOVERNMENT. 

Q. What departments has county government ? 

A. The same as town government ; namely, legisla- 
tive, executive and judicial. 

Q. Explain each ? 

A. The county board is the legislative or law-making 
department. It adopts measures for the benefit of the 
whole county, such as those for the erection of county 
buildings, for the care of the county's paupers, and so 
forth. 



32 CRAWFORD^S CIVIL GOVERNMENT. 

The county clerk, treasurer, recorder, superintendent 
of schools, form the executive department. They exe- 
cute the laws made by the county board (and State 
legislature). The committees of the county board, act- 
ing as committees, also perform executive duties ; that 
is, they carry into effect the measures or laws passed by 
the whole board. 

The judicial department consists of the county judge, 
sheriff, State's attorney, coroner, and county clerk when 
he acts as clerk of the county court. It is t\\e duty of 
these officers to enforce obedience to the laws made by 
the county board and the State legislature. The circuit 
clerk is not, strictly speaking, a member of either de- 
partment of the county government, although he is 
elected by the county. He is an officer of the circuit 
court, which will be described hereafter. 

Q. State the relation of the three departments? 

A. The legislative department, by a vote of a majority 
of its members, commands that certain things be done. 
The executive officers do the things commanded, or 
cause them to be done. 

If these officers are resisted or hindered in their du- 
ties, the judicial officers help them by punishing the 
persons resisting or hindering. 

COUNTIES NOT UNDER TOWNSHIP ORGANIZATION. 

Q. What can you say of county government in coun- 
ties not under township organization ? 

A. The county board consists of three commissioners, 
elected for a term of three years. They have nearly all 
the powers of county supervisors, and have, besides, the 
powers of all town officers, except school officers. 
They hold five regular meetings a year. The other 
officers of such counties are the same as in counties 



THE STATE. 33 

under township organization, and they have the same 
duties to perform, except that the sheriff acts also as 
county collector. 

COMPENSATION— BONDS— OATH. 

Q. How is the pay of officers in both kinds of coun- 
ties determined ? 

A. The county boards fix the amount of compensa- 
tion of each officer. 

Q. What must officers do before entering on the da- 
ties of their offices ? 

A. Such officers as have public money committed to 
their care must give bonds for their good behavior and 
faithfulness in office, and all must take an oath that they 
will support the constitution of the United States and 
the constitution of Illinois, and will faithfully perform 
the duties of their offices. 



IV. THE STATE. 

THE LEGISLATURE. 

Q. In treating of the government of the tow T n and 
of the county, which department was described first ? 

A. The legislative or law-making. 

Q. Pursuing the same plan with the State, what is 
our next topic ? 

A. The legislature of Illinois. (The legislature is also 
called the "general assembly.") 

Q. Describe it, and explain the election of its mem- 
bers ? 

A. The legislature consists of two parts, known as the 
" lower house " and " upper house." Members of the 
C 



34 CRAWFORD'S CIVIL GOVERNMENT. 

lower house are called representatives. Members of the 
upper house are called senators. 

ELECTION OF MEMBERS OF THE LEGISLATURE. 

The State is divided into fifty-one parts called "sena- 
torial districts." Each of these districts elects one sen- 
ator for a term of four years, and three representatives 
for a term of two years. 

Q. What is u minority representation ? " 

A. In voting for representatives, every voter may 
cast three votes for one candidate, or one and a half for 
each of two, or one vote for each of three candidates. 
It is called " minority representation " because the party 
having a minority in a district, by casting all their votes 
for one candidate may sometimes eiect him. 

Q. How large a part (at least) of the whole number 
of voters must the minority be in order to elect one 
candidate ? 

MEETING OF THE LEGISLATURE. 

Q. How often does the legislature meet ? 

A. Once in two years, unless called by the governor 
to meet oftener in extra session. 

Q. When does its regular session begin ? 

A. On Wednesday after the first Monday in January 
following the election of representatives. 

Q. Where does it meet ? 

A. In the capitol building, in Springfield. 

DUTIES OF LIEUTENANT-GOVERNOR AND SPEAKER. 

Q. What officers preside over the two houses ? 

A. The lieutenant-governor presides over the senate, 
an officer called the " speaker," elected from their own 
number by the representatives at the beginning of the 
session, presides over the house of representatives. 



THE STATE. I 35 

Q. What other important duty is performed by the 
speaker of the house ? 

A. He appoints the committees of the house. 

Q. What can you say about committees of the legis- 
lature ? 

A. A committee consists of three or more members, 
whose duty it is to attend to some particular subject of 
legislation. For example, the committee on education 
has charge of all matters relating to the public schools of 
the State, and it is the duty of this committee to advise 
the legislature what to do for the schools. The com- 
mittee's advice to the legislature is called its " report." 

Q. What is the chief rule for selecting members of 
committees ? 

A. A majority of each committee is taken from the 
political party which has a majority in the house to which 
the committee belongs. 

Q. Why is the appointment of committees a very im- 
portant duty ? 

A. Because nearly all the work of a legislature is 
done by its committees. Reports of committees are 
nearly always adopted by the legislature without mate- 
rial change. 

DUTIES OF THE LEGISLATURE. 

Q. What are the duties of the whole legislature ? 

A. To levy such taxes, make such appropriations, and 
enact such laws as are necessary for the welfare of the 
State. To impeach State officers; that is, to arraign and 
try them and deprive them of office for misconduct in 
office. 

Q. What is an appropriation ? 

A. A sum of money directed by the legislature to be 
used for a certain purpose ; as, for the support of the 



36 Crawford's civil government. 

asylum for the insane, or the penitentiary, or the State 
normal schools. 

Q. What counties compose the senatorial district in 
which you live ? (See page 60.) 

Who is senator from your district ? Who are repre- 
sentatives ? 

THE EXECUTIVE DEPARTMENT. 

Q. What officers constitute the executive department 
of Illinois ? 

A. Governor, lieutenant-governor, secretary of State, 
auditor, treasurer, superintendent of public instruction, 
and attorney -general. 

Q. For what terms are they elected ? 

A. The treasurer for two years, the others for four 
years. 

The constitution declares that the treasurer shall not 
serve two consecutive terms. Why ? 

Q. Before entering on their duties what must they do ? 

A. Take the oath of office by swearing to support the 
constitutions of Illinois and the United States, and to 
perform faithfully the duties of their offices. All other 
State officers take the same oath. 

THE GOVERNOR. 

Q. What are the duties and powers of the governor ? 

A. To see that the laws made by the legislature are 
executed. 

To send to the legislature, when it meets, a message, 
giving an account of the condition of the State and its 
wants ; recommending the levying of sufficient tax to 
defray the expenses of the State government ; and 
specifying what new laws he thinks ought to be 
enacted, and what old laws repealed. To approve bills 



THE STATE. 37 

passed by the legislature if he wishes them to become 
laws. 

The governor has power to reprieve criminals con- 
demned to death, and to pardon those imprisoned in the 
penitentiary. 

He is commander-in-chief of the State militia when it 
is not in the service of the United States. 

He appoints, with the consent of the senate, certain 
State officers. 

He may veto a bill passed by the legislature. 

Q. Can a bill become a law if it is vetoed by the 
governor ? 

A. Yes, if it is afterwards passed by a majority of 
two-thirds of both houses. 

Q. Can a bill become a law in any other way without 
the governor's approval ? 

A. Yes. If the governor does not return a bill to the 
house in which it originated w T ithin ten days from the 
time when he received it ; or, if the legislature prevents 
his returning the bill by adjourning, and if he does not 
thereupon file the bill with his objections in the office of 
the secretary of State within ten days after adjournment, 
the bill will become a law. 

Q. What compensation does the governor receive ? 

A. $6,000 per year, with the use of the executive 
mansion. 

WHO SUCCEEDS IF THE GOVERNOR'S OFFICE 
BECOMES VACANT. 

Q. Who succeeds to the office of governor if it be- 
comes vacant before the end of a term ? 
A. The lieutenant-governor. 
Q. What is the lieutenant-governors salary ? 
A. $1,000 per year. 



38 Crawford's civil government. 

Q. Who would succeed the lieutenant-governor if he 
should vacate the governor's office ? 

A. The president pro tern, of the senate. (The presi- 
dent^?^ tern, is a member of the senate elected to pre- 
side in the absence of the lieutenant-governor.) 

Q. Who would succeed the president of the senate ? 

A. The speaker of the house. 



SECRETARY OF STATE. 

Q. What are the principal duties of the secretary of 
State ? 

A. To call the house of representatives to order, and 
preside till a temporary chairman is elected. (The latter 
presides while the house votes for speaker.) 

To safely keep all public acts, laws, and resolutions of 
the legislature. 

To care for public property in the capital. 

To certify to the correctness of laws when they are 
published. 

To take care of the seal of State. 

To issue registration blanks to judges of election pre- 
vious to every general election. 

To issue charters to corporations. 

To have charge of the public standards of weights 
and measures. 

To report biennially to the governor the business of 
his office. 

Q. What security must the secretary give for the 
faithful performance of his duties ? 

A. He must give a bond for $100,000. 

Q. What is his salary ? 

A. $3,500 per year. 



THE STATE. 39 

AUDITOR. 

Q. What are the chief duties of auditor '( 

A. To examine all bills presented for payment out of 
the State treasury, and to approve such as are legal. 

To keep an account of all bills due the State, and all 
sums of money paid into the State treasury. 

To ascertain the condition of all insurance companies 
doing business in the State ; learning whether they have 
means sufficient to keep the promises that they have 
made to those whose lives or property they have insured ; 
and if any have not, to revoke their certificates, or to in- 
form the attorney-general, who will then ask a court to 
have such companies stopped from doing any further 
business in the State. 

To aid the governor and treasurer in computing the 
rate per cent, of taxation necessary to raise the annual 
revenue fixed by the legislature. 

To report biennially to the governor the transactions 
of his office. 

Q. What security must the auditor give ? 

A. A bond for $50,000. 

Q. What is his salary ? 

A. $3,500 a year. 

TREASURER 

Q. What are the principal duties of the treasurer ? 

A. To receive and safely keep all money belonging to 
the State. 

To pay out no money except on the order of the au- 
ditor. 

To report monthly to the auditor all sums of money 
received and paid out. 

To report biennially to the governor all his official 
acts. 



40 Crawford's civil government. 

Q What security must the treasurer give for the 
faithful performance of his duty? 

A. A bond for $500,000, and more, if the governor 
so requires. His salary is $3,500 per year. 

SUPERINTENDENT OF PUBLIC INSTRUCTION. 

Q. What are some of the duties of the superintendent 
of public instruction ? 

A. To consult with leading teachers on methods of 
instruction. To advise and instruct county superintend- 
ents in respect to their duties. To give opinions on 
school laws when properly requested. To pay promptly 
to the proper officers all money coming into his hands as 
superintendent. To stop the payment of money to offi- 
cers or teachers who refuse to conform to the require- 
ments of law. To report biennially to the governor, 
stating what has been done for the benefit of the schools 
of the State, in what ways their condition may be 
improved, and what changes should be made in the 
school laws. The superintendent must give a bond for 
$25,000. His salary is $3,500 per year. 

ATTORNEY-GENERAL. 

Q. What are some of the duties of the attorney-gen- 
eral? 

A. To act as attorney for the people or the State in 
suits before the supreme court. To act as attorney for 
the State officers in suits relating to their official duties. 
To advise State officers on questions of State constitu- 
tional law, when such law relates to their duties. To 
advise the legislature concerning constitutional ques- 
tions when requested. To see that sums of money in- 
tended for State institutions are used as intended. The 
attorney-general's bond is for $10,000. His salary is 
$3,500 a year. 



THE STATE. 41 

RETURNING BOARD. 

Q. Who constitute the State returning board ? 

A. The secretary of State, auditor, treasurer, and 
attorney-general. 

Q. What is the duty of the returning board ? . 

A. After every general election, to count the votes 
returned to them by the county clerks. 

STATE BOARD OF EQUALIZATION. 

The State board of equalization consists of one mem- 
ber from each congressional district in the State. The 
term is four years. The board meets on the second 
Tuesday in August, annually, at Springfield, to equalize 
assessments in the various counties of the State. Its 
members receive $5.00 per day for time actually spent 
about their duties, and 10 cents per mile of necessary 
travel in going to and returning from the capital. * 

APPOINTED OFFICERS. 

OFFICERS APPOINTED BY GOVERNOR WITH CONSENT 

OF SENATE. 

Q. What State officers are appointed by the governor 
with the consent ot the senate ? x 

A. Three canal commissioners, five commissioners of 
public charities, three penitentiary commissioners for 
each penitentiary, nineteen justices of the peace for the 
city of Chicago, the seven members composing the State 
board of health, chief grain inspectors, notaries public, 
three railway and warehouse commissioners, three trus- 
tees for each of the State charitable institutions, and 
three for the State reform school, one person at the 
stock yards near Chicago, and one at those in East St. 
Louis, to prevent cruelty to animals, and one public 
administrator in each county. 

OFFICERS APPOINTED BY GOVERNOR ALONE. 

Q. What other officers are appointed by the governor ? 

2* 

• State Board of Agriculture, see page 105. 



42 Crawford's civil government. 

A. Commissioner of deeds, printer expert, adjutant 
general, and all commissioned officers of the State 
militia. 

DUTIES OF OFFICERS APPOINTED BY GOVERNOR 
WITH CONSENT OF SENATE. 

Q. State the duties, terms of office, and pay of each 
of the above officers. 

A. The canal commissioners have charge of the 
Illinois and Michigan canal, and of the locks, dams and 
improvements in navigation of the Illinois and Little 
Wabash rivers. Their term is two years. Their pay is 
$5 per day for the time actually employed. They must 
each, except the treasurer of the board, give bonds for 
$25,000. The commissioner who acts as treasurer must 
give bonds for $50,000. 

It is the duty of commissioners of public charities to 
visit, at least twice a year, the State asylums for the 
deaf and dumb, the blind, the insane, and the school 
for feeble-minded children, the soldier's orphans 1 home, 
and the State reform school, and to see that these institu- 
tions are properly conducted. Their term is five years. 
They receive no pay, but their expenses are repaid to them 
by the State. 

The Chicago justices of the peace perform the same 
duties as other justices, and derive their pay from fees 
regulated by law. They hold office for a term of four 
years. 

The penitentiary commissioners have power to appoint 
a warden for the penitentiary at a salary of $2,500, a 
deputy warden at $1,800, a chaplain at $1,500, a physi- 
cian at $1,500 per year, and, with the advice of the 
warden, such other officers as may be necessary, at 
salaries fixed by the commissioners. 



THE STATE. 43 

It is the duty of the commissioners to care for the 
penitentiary, and to this end to meet at the penitentiary 
once every month, and to receive reports from the 
warden and other officers. They are required to report 
biennially to the governor. 

Their term is six years. They must give bonds for 
$25,000. Their salary is $1,500 per year. 

One of the most important duties of the State hoard 
of health is to prevent the introduction of contagious 
diseases into the State. The members receive no pay, 
except for expenses. They may appoint a secretary at 
a salary fixed by themselves, but his salary and their 
expenses together must not exceed $5, 000 per year. Their 
term is seven years. 

It is the duty of the railway and warehouse commis- 
sioners to examine the condition and management of all 
railways and warehouses in the State, and all matters 
relating to railways and warehouses as far as they affect 
the welfare of the people ; and to report annually to 
the governor, informing him whether warehouses and 
railways are observing the laws of the State made for 
their regulation. The commissioners must give bonds 
for $20,000. Their salary is $3,500. Their term is 
two years. They can appoint a secretary at a salary of 
$1,500 per year. 

Chief grain inspectors have charge of the inspection 
of grain in warehouses, obey the instructions of the 
railway commissioners, and receive salaries fixed by 
them. Their term is two years. * 

The trustees of the State charitable and correctional 
institutions have power, and it is their duty to appoint, 
a superintendent for each institution, and to make rules 
for the government of the same. They receive no pay 
except for their expenses. Their term is six years. 

* State Weigh-master, see page 105. 



4A Crawford's civil government. 

The duty of the officers appointed to prevent cruelty to 
animals has been stated above. They hold office two 
years, and receive $1,200 a year. 

One public administrator is appointed in each county, 
whose duty it is to settle the estate of any person who 
dies in the county and leaves property, but no heirs or 
creditors. 

Notaries public have authority to administer oaths, 
take acknowledgment of legal instruments, such as 
deeds and mortgages, and to do some other acts, such as 
writing down the evidence of witnesses, called " taking 
depositions." These depositions have the same effect 
when read in court as evidence taken in court. 

DUTIES OF OFFICERS APPOINTED BY GOVERNOR 
ALONE. 

Commissioners of deeds are officers appointed by the 
governor of this State, but residing in other States. 
They have authority to do about the same acts as are 
done by notaries public, which acts are of binding force 
in Illinois, though done in other States. All the above 
officers are paid in fees fixed by law. 

The printer expert is a man of at least six years' ex- 
perience as a practical printer, whose duty it is to 
examine the State contracts for printing, to see that the 
State is not cheated. His pay is $6 per day for the time 
actually spent about his duties. 

The adjutant-general is the officer through whom the 
governor, as commander-in-chief of the State militia, 
issues his orders to the militia. The adjutant-general 
receives $1,500 per year. 

Q. What is the acknowledgment of a deed ? 

A. It is the act of the person who signed the deed, in 



THE STATE. 45 

going before a notary public or other officer and declar- 
ing that he signed the deed. 

STATE MILITIA. 

Q. What is the State militia ? 

A. All able-bodied men between eighteen and forty- 
five years of age are liable to be called upon to serve as 
soldiers. These constitute the State militia. This term 
is usually applied only to those who voluntarily form 
themselves into companies and regiments and receive 
arms from the State. 

JUDICIAL DEPARTMENT. 
CIRCUIT COURTS. 

Q. What is the judicial department of a State? 

A. The judicial department of a State consists of 
those officers whose duty it is to explain and apply the 
laws of the State. 

Q, Have we learned that the subdivisions of the State 
have judicial departments ? 

A. Yes. Towns and precincts have justices of the 
peace and constables. Counties have county judges, 
clerks, sheriffs, and State's attorneys. 

Q. What court is next above the county court ? 

A. The circuit court. 

Q What can you say about the circuit courts of Il- 
linois ? 

A. The counties of the State, Cook county being ex- 
cepted, are arranged by the legislature in thirteen divi- 
sions, called circuits. Cook county alone constitutes a 

circuit. 

CIRCUIT COURT OFFICERS. 

In each circuit, three judges are elected once in six 
years. Two of these act as circuit judges. The third 



46 Crawford's civil government. 

acts as one of the judges of the appellate courts. Court 
is held at least one term in a year in each county of the 
circuit. 

Q. Who are the other officers of the circuit courts ? 

A. The sheriffs and circuit clerks and their assistants, 
and masters-in-chancery in their respective counties. 

Q. Who else assist the judge in the performance of 
his duties ? 

A. The petit and grand juries. 

Q. What jurisdiction have circuit courts ? 

A. They have original jurisdiction in all criminal 
offenses against the laws of Illinois, and in all civil dis- 
putes between citizens of the State. 

They have appellate jurisdiction in cases tried before 
justices of the peace and the county court. 

Q. What are criminal offenses and civil disputes ? 

(See page 18.) 

APPELLATE COURTS. 

Q. What are the courts next above the circuit courts ? 

A. The appellate courts. 

Q. Describe these ? 

A. The State is divided into four appellate court dis- 
tricts. Each district has three judges. These are 
appointed by the supreme court from the judges elected 
in the circuits. 

Each district has a clerk, elected for a term of six 
years. 

The sheriff of the county in which the court is held 
must attend the sessions of the court or appoint a de- 
puty to do so. 

Q. What kinds of cases can be taken to the appellate 
courts ? 

A. Nearly all kinds of cases, except criminal cases, 
may be appealed from the county and circuit courts to 



THE STATE. 47 

the appellate courts. Criminal and a few other cases 
must be appealed directly to the supreme court. 

Q. What about the decisions of appellate courts ? 

A. In all cases where less than $1,000 is in dispute 
their decisions are final. If the sum in dispute is $1,000 
or more, an appeal may be taken from the appellate to 
the supreme court. 

THE SUPREME COURT. 

Q. What can you say of the supreme court ? 

A. The State is divided into three grand divisions for 
the purpose of holding terms of the supreme court. 
The court consists of seven judges, elected for a term of 
nine years. The State is divided into seven districts for 
the election of these judges, each district electing one. 
Each of the three grand divisions elects a clerk for a 
term of six years. 

Q. What jurisdiction has the supreme court ? 

A. It has original jurisdiction in cases relating to the 
revenues of the State and in respect to two or three 
other matters, and appellate jurisdiction in civil cases in- 
volving $1,000 or more, and in criminal cases. Its 
decisions are final, except in cases of conflict between 
Illinois law and United States law. In such cases, ap- 
peal can be taken to the supreme court of the United 
States. 

PAY OF OFFICERS OF THE JUDICIAL DEPARTMENT. 

Q. What are the salaries of the officers of the above 
courts ? 

A. Circuit judges receive $3,500 per year, except in 
Cook county, where they receive $7,000. Circuit clerks 
receive salaries fixed by the county boards. Appellate 
judges receive the same pay as circuit judges. Judges 



48 Crawford's civil government. 

of the supreme court receive $5,000 per year. Appel- 
late and supreme court clerks and masters-in-chancery 
receive their pay in fees regulated by law. 

All these officers must take the usual official oath, and 
the clerks must give bonds. 



V. CITIES. 

THEIR GOVERNMENT. 

Q. What other political units are there in Illinois be- 
sides towns, townships, and counties ? 

A. Cities and villages. 

Q. How many kinds of cities are there ? 

A. Two. 

Q. State the difference between them ? 

A. One is organized and governed according to a 
general law made by the legislature for the benefit of 
such cities as may vote to organize under it. 

The other is organized and governed in accordance 
with a special charter granted to it by the legislature. 

Q. What is a charter ? 

A. It is a grant of certain privileges, and is, besides, 
intended for the government of the corporation to which 
these privileges are given. 

OFFICERS AND THEIR DUTIES. 

Q. Describe the government of the first kind of cities ? 

A. Its legislative department consists of a body called 
the common council. The city is divided into a certain 
number of parts called " wards." Each of these elects 
two members of the council for a term of two years. 

The chief executive officer is a mayor, elected for a 
term of two years. 



CITIES. 49 

Other officers elected by the people are clerk, attorney, 
treasurer, police magistrate, and sometimes city judge. 

Besides these, the council may provide for the election 
by the people, or the appointment by the mayor, with 
the consent of the council, of a collector, marshal, 
or superintendent of police, superintendent of streets, 
corporation counsel, and such other officers as the coun- 
cil may deem necessary. 

Q. What are the council's duties ? 

A. To enact such ordinances and levy such taxes as 
are necessary for the city's welfare. 

To approve or reject the mayor's appointments of city 
officers. 

To take some action on the mayor's suggestions 

To receive petitions of citizens. 

Q. What is an ordinance ? 

A. A law passed by a city council. 

Q. What are the mayor's duties ? 

A. To preside at the meetings of the council. 

To see that the measures passed by the council are 
executed. 

To appoint, with the council's consent, certain officers. 

He may veto measures passed by the council, but if 
the council afterward pass the same by a two-thirds 
majority, they become laws. 

Q. State the principal duties of the other city officers. 

A. The clerk keeps a record of the acts of the coun- 
cil. 

The marshal has command of the policemen, and with 
them preserves public order, by arresting and putting in 
jail all disorderly persons. 

The superintendent of streets keeps the streets and 
sidewalks in repair. 

The comptroller prevents the city from being robbed 
D 3 



50 Crawford's civil government. 

by its officers, by examining the accounts of all officers 
who collect, pay out, or receive any of the city's money. 

The corporation counsel is the chief officer of the law 
department of the city. 

The police magistrates duties are the same as those 
of a justice of the peace (See page 18.) 

The attorney, treasurer and collector perform about 
the same duties for the city as the corresponding officers 
do for the county. 

Q. What can you say about the pay of cicy officers ? 

A. It is fixed by the council. 

Q. What can you say of the government of cities 
under special charters ? 

A. As each has its own charter, no two such cities 
are governed exactly alike, but all are more or less simi- 
lar in their government to cities organized under the 
general law. 



VI. VILLAGES. 

Q. What can you say of the government of villages ? 

A. Under a general law of the State, villages as well 
as cities may organize and have a government separate 
from that of the township in which they are located. 

Such village government consists of a board of six 
trustees, three of whom are elected annually, and such 
officers as the trustees see fit to appoint. 

The trustees choose one of their own number presi- 
dent of the board. 

The president and board have about the same powers 
and duties as mayor and council have in cities. 



GOVERNMENT OF THE UNITED STATES. 51 



VII. GOVEKNMENT OF THE UNITED 

STATES. 

CONGRESS. 

Q. What is the legislature or law-making body of the 
United States called ? 

A. It is called Congress. 

Q. Tell about its meetings ? 

A. It holds one regular session a year, and extra ses- 
sions when called by the president. It meets in regular 
session, in Washington, on the first Monday in Decem- 
ber. 

Q. Describe Congress, and tell how its members are 
chosen ? 

A. It consists of two houses, the senate and the house 
of representatives. 

Each State is entitled to two senators. Senators are 
elected by the State legislatures for a term of six years. 

The number of representatives that a State is entitled 
to depends on its population. 

Once in ten years, that is, after each census, congress 
fixes the total number of members that the house of 
representatives shall have during the next ten years. 
Let the whole population of the United States be a divi- 
dend, and the number of representatives a divisor ; the 
quotient will be the number of persons entitled to one 
representative. 

Divide the population of a State by this quotient and 
the number of representatives the State is entitled to 
will be obtained. 



52 Crawford's civil governmeist^. 

The legislature divides the State into districts equal in 
number to the representatives the State is entitled to. 
One representative is elected from each district every 
two years. 

Q. Who presides over the senate ? 

A. The vice-president. 

Q. How does the house ot representatives organize 
for business? 

A. By the election of a speaker, whose business it is 
to preside and appoint the house committees. 

Q. What are the powers and duties of congress ? 

(See U. S. Constitution, Article I., Section 8.) 

Q. What is the salary of senators and representa- 
tives ? 

A. $5,000 per year. 

Q. Who are the present senators from Illinois? 

In what congressional district do you live ? (See 
page 58.) 

What counties comprise your district ? 

Who is its present representative in congress ? 

When was he elected ? 

Who were the opposing candidates ? 

Who is the present speaker of the house oi representa- 
tives ? 

How many congressional districts are there in Illinois ? 
(See page 59.) 

Of how many members does the house of representa- 
tives now consist? 

A. 325. 

Q. Do territories have any representatives in con- 
gress ? 

A. Each territory is entitled to one delegate in the 



GOVERNMENT OF THE UNITE** STATES. 53 

house, who has the right to speak on questions relating 
to his territory, but can not vote on any question. 



EXECUTIVE DEPARTMENT. 

Q. Who constitute the executive department of the 
government of the United States ? 

A. The president, vice-president and cabinet officers. 

Q. How are the first two elected ? 

(See Article II., Section 1, and the 12th Amendment 
to the U. S. Constitution.) 

Q. What are their salaries ? 

A. President, $50,000; vice-president, $8,000 per 
year. 

Q. Name the cabinet officers ? 

A. Secretary of State, secretary of the treasury, sec- 
retary of war, secretary of the navy, secretary of the 
interior, postmaster-general, and attorney-general. 

Q. What general duties do cabinet officers perform ? 

A. They advise the president, and assist him in 
executing the laws made by congress. 

Q. What are the president's duties ? 

(See U. S. Constitution, Article II., Sections 2 and 3.) 

Q. What are the special duties of the secretary of 
State ? 

A. To look after the relations of the United States 
with foreign countries, and to have charge of the public 
archives. 

Q. What are the principal duties of the secretary of 
the interior? 

A. To attend to the relations of Indian tribes to the 
government, to superintend public lands, to issue pa- 
tents. 



54 Crawford's civil government. 

Q. What are the special duties of the other cabinet 
officers? (Their names indicate their duties.) 

Q. What is the salary of a cabinet officer ? 

A. $8,000 per year. 

Q. Name the present president, vice-president, and 
cabinet officers ? 

When were the first two elected ? 

Who were the opposing candidates ? 

Q. Whom do we mean when we speak of the " admin- 
istration ? " 

A. The president and his cabinet. 

Q. Is it necessary to have the names of candidates for 
president and vice-president printed on a presidential 
ticket ? 

(See 12th Amendment of U. S. Constitution.) 

Could the electors be chosen in any other way than by 
a direct vote of the people ? 

Who succeeds to the presidency if it becomes vacant ? 

(See Article II., Section 1 of U. S. Constitution.) 

The president pro tern, of the senate would succeed 

the vice-president, and the speaker of the house would 

succeed the president of the senate in the presidential 

office. 

JUDICIAL DEPARTMENT. 

Q. Describe the judicial department of the United 
States \ 

A. It consists of one supreme court, nine circuit courts, 
and sixty-five district courts. The supreme court has 
one chief justice and eight associate justices. The cir- 
cuit courts have each one judge. There are fifty-three 
district judges. The district courts have, besides judges, 
district attorneys, marshals (who have substantially the 
same duties as sheriffs), clerks, and assistants of 
each. All the judges are appointed by the president, 



GOVERNMENT OF THE UNITED STATES. 55 

with the consent of the senate, and hold office during 
life or good behavior. 

Q. What salaries do United States judges receive ? 

A. The chief justice receives a salary of $10,500, the 
associates, $10,000 ; the circuit judges, $6,000 ; and the 
district judges $3,500 to $4,500. 

Q. What jurisdiction has the supreme court ? 

(See Constitution, Article III., Section 2 } Paragraph 2.) 

Q. What are the principal duties of circuit and dis- 
trict courts ? 

A. To try offenders against the laws made by con- 
gress, and to hear suits between citizens of different 
States. 

Q. Who is the present chief justice ? 

Who is the circuit judge in your circuit? 

Who is the district judge in your district? 

THE ARMY AXD NAVY. 

Q. What can you say of the officers of the army and 
navy ? 

A. They are nearly all educated for their duties at the 

expense of the government in the military and naval 

academies at West Point and Annapolis. They are 

commissioned, that is, appointed to their places, by the 

president. 

THE CIVIL SERVICE. 

Q. What is the civil service of the United States ? 

A. The u civil service," comprises all officers of the 
national government, who are appointed by the presi- 
dent or his subordinates, except the officers of the army 
and the navy. 

Q. Name some of the officers of the civil service, and 
give their duties ? 

A. Ministers. It is the duty of a minister to reside 



56 Crawford's civil government. 

at the capital of the country to which he is sent, to 
protect citizens of his own country when abroad, and 
to see if possible that the country in which he resides as 
minister, and his own, maintain friendship for each other. 

Consuls. Their principal duties are to look after the 
foreign trade of their own country, and to settle dis- 
putes between the citizens of their own country, when 
the latter are abroad. 

Internal revenue officers. It is their chief duty to 
collect the tax on liquors and tobacco. 

Custom-house officers. They collect the tax laid on 
foreign goods brought into the United States. 

Postmasters, mail carriers and lighthouse-keepers are 
also members of the civil service. 

Q. Who is the present American minister to England ? 

Who is the English minister in Washington ? 

Who is collector of customs at the port of Chicago ? 

Who is the internal revenue collector in your district ? 

Who is postmaster at your post office ? 

Do you know any other members of the civil service ? 

Q. Do you know the meaning of the expression, 
" Civil Service Reform?" 



VIII. MISCELLANEOUS. 

NATIONAL POLITICAL CONVENTION. 

Q. Tell how candidates are put in nomination by a 
political party for the offices of president and vice- 
president? 

A. The national committee, consisting of at least one 



MISCELLANEOUS. 57 

member from each State in the Union, publishes a call, 
announcing that on a certain day and in a certain city, 
there will be held a national convention of delegates 
from all the States (and sometimes the territories) to 
nominate candidates and adopt a platform. 

Each State committee then publishes a call for a State 
convention to appoint as many delegates to the national 
convention as the State may be entitled to. 

The county committees in each State then issue calls 
for county conventions to appoint delegates to the State 
convention. 

Lastly, the township committees appoint days for 
" primary meetings " or " caucuses" to elect delegates 
to the county conventions. 

The township, county, and State conventions having 
been held, the national convention follows at the ap- 
pointed time and place. When it meets, it is called to 
order by the chairman of the national committee, who 
nominates a temporary chairman of the convention. 
The convention usually accepts the chairman so nomi- 
nated. 

Committees on credentials, on permanent organization, 
on rules, and on platform, are then appointed. Each of 
these committees is composed of one member from each 
State and territory. The members are appointed by 
their respective delegations. 

The committee on credentials hears and determines 
the claims of delegates to seats as members of the con- 
vention 

The committee on permanent organization nominates 
a permanent chairman and other permanent officers of 
the convention. The committee on rules reports rules 
for the government of the convention. 

The committee on platform prepares and reports to 



58 Crawford's civil government. 

the convention a platform. A platform consists of cer- 
tain principles which the party through its convention 
professes to believe, and certain promises which the 
party agrees to perform if its candidates are elected. 

After the convention has chosen its permanent chair- 
man, and heard and acted on the reports of its commit- 
tees, it proceeds to vote by ballot for candidates for 
president and vice-president. 

After the candidates are nominated, the convention 
appoints a new national committee, and then adjourns. 

(Probably no two conventions proceed in exactly the 
same way, but it is believed that the above description 
corresponds closely to the general course pursued by 
national, and also by State conventions.) 

THE CONGRESSIONAL DISTRICTS OF ILLINOIS. 

First — The first, second, third and fourth wards in 
Chicago, and the towns of Riverside, Hyde Park, Lake, 
Lyons, Calumet, Worth, Palos, Lemont, Thornton, Bre- 
men, Orlancl, Bloom, and Rich, in Cook county. 

Second — The fifth, sixth and seventh wards of Chi- 
cago, and that part of the eighth ward which lies south 
of the center of Polk street and of Macalister place. 

Third — The ninth, tenth, eleventh, twelfth, thirteenth 
and fourteenth wards of Chicago, and that part of the 
eighth ward which lies north of the center of Polk 
street and of Macalister place. 

Fourth — The fifteenth, sixteenth, seventeenth and 
eighteenth wards of Chicago, and the towns of Lake 
View, Jefferson, Leyden, Norwood Park, Evanston, 
Niles, Maine, Elk Grove, Schaumberg, Hanover, New 
Trier, iMortb field, Wheeling, Palatine, Harrington. 
Cicero, and Proviso, in Cook county. 



MISCELLANEOUS. 59 

Fifth — Lake, McHenry, Boone, De Kalb and Kane 
comities. 

Sixth — Winnebago, Stephenson, Jo Daviess, Ogle, 
and Carroll. 

Seventh — Lee, Whiteside, Henry, Bureau and Put- 
nam. 

Eighth — La Salle, Kendall, Grundy, Will and Du 
Page. 

Ninth — Kankakee, Iroquois, Ford, Livingston, Wood- 
ford, and Marshall. 

Tenth — Peoria, Knox, Stark and Fulton. 

Eleventh — Rock Island, Mercer, Henderson, Warren, 
Hancock, McDonough and Schuyler. 

Twelfth — Cass, Brown, Adams, Pike, Scott, Greene, 
Jersey and Calhoun. 

Thirteenth — Tazewell, Mason, Menard, Sangamon, 
Morgan and Christian. 

Fourteenth — McLean, DeWitt, Piatt, Macon and 
Logan. 

Fifteenth — Coles, Edgar, Douglass, Vermilion and 
Champaign. 

Sixteenth — Cumberland, Clark, Jasper, Crawford, 
Clay, Richland, Lawrence, Wayne, Edwards and Wa- 
bash. 

Seventeenth — Macoupin, Montgomery, Shelby, Moul- 
trie, Effingham and Fayette. 

Eighteenth — Bond, Madison, St. Clair, Monroe and 
Washington. 

Nineteenth — Marion, Clinton, Jefferson, Franklin, 
Hamilton, White, Saline, Gallatin and Hardin. 

Twentieth — Perry, Randolph, Jackson, Williamson, 
Union, Johnson, Pope, Alexander, Pulaski and Massac. 



60 Crawford's civil government. 

SENATORIAL DISTRICTS. 

First — The ninth and tenth wards of Chicago, and 
that part of the eleventh ward north of the center line 
of Van Buren street. 

Second — That part of the fourth ward of Chicago 
south of the center line of Twenty-ninth street, and the 
towns of Hyde Park and Lake, in Cook county. 

Third — The hrst, second and third wards of Chicago, 
and that part of the fourth ward north of the center line 
of Twenty-ninth street. 

Fourth — That part of the eighth ward north of the 
center line of Taylor street, and that part of the eleventh 
ward south of the center line of Van Buren street and 
the twelfth ward of Chicago. 

Fifth — That part of the sixth ward west of the center 
line of Throop street, the seventh ward, and that part 
of the eighth ward south of the center line of Taylor 
street, in Chicago. 

Sixth — The eighteenth ward, that part of the sixteenth 
ward east of the center line of Sedgwick street, and the 
fifteenth ward of Chicago, and the towns cf Lake View 
and Evanston, in Cook county. 

Seventh — The towns of New Trier, Northtield, Wheel- 
ing, Palatine, Barrington, Hanover, Schaumberg, Elk 
Grove, Maine, Mies, Jefferson, Norwood Park, Leyden, 
Proviso, Cicero, Riverside, Lyons, Lemont, Palos, 
Worth, Calumet, Thornton, Bremen, Orland, Rich and 
Bloom, in Cook county. 

Eighth — Lake, McHenry and Boone counties. 

Ninth — The thirteenth ward, and all of the fourteenth 
ward except that portion thereof lying east of a line 
drawn from a point where the center line of Milwaukee 
avenue intersects the center line of Ohio street, north- 



MISCELLANEOUS. 61 

west along said center line of Milwaukee avenue to the 
center line of Ashland avenue, thence north along the 
center line of Ashland avenue to the center line of Cly- 
bourne place, thence northeasterly along the center line 
of Clybourne place to the north branch of Chicago river, 
in the city of Chicago. 

Tenth — The counties of Winnebago and Ogle. 

Eleventh — The fifth ward and that part of the sixth 
ward east of the center line of Throop street, in Chi- 
cago. 

Twelfth — Jo Daviess, Stephenson and Carroll coun- 
ties. 

Thirteenth — That part of the fourteenth ward lying 
east of a line drawn from the intersection of the center 
line of Milwaukee avenue with the center line of 
Ohio street, northwest along the center line of 
said Milwaukee avenue to the center of Ashland 
avenue, thence north along the center line of Ashland 
avenue to the center line of Clybourne place, thence 
northeasterly along the center line of Clybourne place 
to the north branch of the Chicago river ; that part of 
the sixteenth ward west of the center line of Sedgwick 
street, and the seventeenth ward, in the city of Chicago. 

Fourteenth — Kane and Du Page counties. 

Fifteenth— Will. 

Sixteenth — Kankakee and Iroquois. 

Seventeenth — De Kalb, Kendall and Grundy. 

Eighteenth — Livingston and Ford. 

Nineteenth — Whiteside and Lee. 

Twentieth — Marshall, Woodford and Tazewell. 

Twenty-first — Rock Island and Henry. 

Twenty-second — Knox and Fulton. 

Twenty-third — La Salle. 

Twenty-fourth — Hancock, Henderson and Mercer. 



62 CRAWFORD'S CIVIL GOVERNMENT. 

Twenty-fifth — Bureau, Stark and Putnam. 

Twenty-sixth— Peoria county. 

Twenty-seventh — Warren and McDonough. 

Twenty -eighth — McLean. 

Twenty-ninth — Logan and Macon. 

Thirtieth — Champaign, Piatt and De Witt. 

Thirty-first — Vermilion and Edgar. 

Thirty-second — Douglass, Coles and Cumberland. 

Thirty-third — Moultrie, Shelby and Effingham. 

Thirty-fourth— Mason, Menard, Cass and Schuyler, 

Thi r ty-fif th — Adam s . 

Thirty-sixth — Brown, Pike and Calhoun. 

Thirty-seventh — Scott, Greene and Jersey. 

Thirty-eighth — Macoupin and Morgan. 

Thirty- ninth — Sangamon. 

Fortieth — Christian and Montgomery. 

Forty-first — -Madison. 

Forty-second — Bond, Clinton and Washington. 

Forty-third — Fayette, Marion and Jefferson. 

Forty-fourth — Clay, Richland, Wayne and Edwards. 

Forty-fifth — Clark, Jasper and Crawford. 

Forty-sixth — Hamilton, White, Wabash and Law- 
rence. 

Forty-seventh — St. Clair. 

Forty-eighth — Monroe, Randolph and Perry. 

Forty-ninth — Saline, Gallatin, Hardin, Pope and 
Massac. 

Fiftieth — Jackson, Union and Alexander. 

Fifty-first — Franklin, Williamson, Johnson and Pu- 
laski. 

GRAND DIVISIONS OF THE SUPREME COURT. 

Southern Grand Division — Terms held at Mount 
Vernon. 



MISCELLANEOUS. 63 

Counties of Alexander, Bond, Clay, Clinton, Craw- 
ford, Edwards, Effingham, Fayette, Franklin, Gallatin, 
Hamilton, Hardin, Jackson, Jasper, Jefferson, Johnson, 
Lawrence, Madison, Marion, Massac, Monroe, Perry, 
Pope, Pulaski, Randolph, Richland, Saline, St. Clair, 
Union, Wabash, Washington, Wayne, White and Wil- 
liamson. 

Central Grand Division — Terms held at Springfield. 

Counties of Adams, Brown, Cass, Calhoun, Cham- 
paign, Christian, Clark, Coles, Cumberland, De Witt, 
Douglas, Edgar, Ford, Fulton, Greene, Hancock, Jer- 
sey, Logan, Macon, Macoupin, Mason, McDonough, 
McLean, Menard, Montgomery, Morgan, Moultrie, 
Piatt, Pike, Sangamon, Schuyler, Scott, Shelby, Taze- 
well and Vermilion. 

Northern Grand Division — Terms held at Ottawa. 

Counties of Boone, Bureau, Carroll, Cook, De Kalb, 
Du Page, Grundy, Henderson, Henry, Iroquois, Jo 
Daviess, Kane, Kankakee, Kendall, Knox, Lake, La 
Salle, Lee, Livingstone, Marshall, McHenry, Mercer, 
Ogle, Peoria, Putnam, Rock Island, Stark, Stephenson, 
Warren, Whiteside, Will, Winnebago and Woodford. 

ELECTION DISTRICTS OF SUPREME COURT. 

First District — The counties of St. Clair, Clinton, Wash- 
ington, Jefferson, Wayne, Edwards, Wabash, White, 
Hamilton, Franklin, Perry, Randolph, Monroe, Jackson, 
Williamson, Saline, Gallatin, Hardin, Pope, Union, 
Johnson, Alexander, Pulaski and Massac. 

Second District — The counties of Madison, Bond, 
Marion, Clay, Richland, Lawrence, Crawford, Jasper, 
Effingham, Fayette, Montgomery, Macoupin, Shelby, 
Cumberland, Clark, Greene, Jersey, Calhoun and Chris- 
tian. 



64 Crawford's civil government. 

Third District — The counties of Sangamon, Macon, 
Logan, De Witt, Piatt, Douglas, Champaign, Vermillion, 
McLean, Livingston, Ford, Iroquois, Coles, Edgar, 
Moultrie and Tazewell. 

Fourth District — The counties of Fulton, McDonough, 
Hancock, Schuyler, Brown, Adams, Pike, Mason, Me- 
nard, Morgan, Cass and Scott. 

Fifth District — The counties of Knox, Warren, Hen- 
derson, Mercer, Henry, Stark, Peoria, Marshall, Put- 
nam, Bureau, La Salle, Grundy and Woodford. 

Sixth District — The counties of Whiteside, Carroll, 
Jo Daviess, Stephenson, Winnebago, Boone, McHenry, 
Kane, Kendall, De Kalb, Lee, Ogle and Rock Islpnd. 

Seventh District- — The counties of Lake, Cook, Will, 
Kankakee and Du Page. 

APPELLATE COURT DISTRICTS. 

First District — Cook county. 

Second District — It includes the counties embraced 
in the northern grand division of the supreme court, 
except Cook county. 

Third District — It includes the counties embraced 
within the central grand division of the supreme court. 

Fourth District — It includes the counties embraced 

within the southern grand division of the supreme 

court. 

CIRCUIT COURTS. 

First Circuit — The counties of Franklin, Saline, Wil- 
liamson, Jackson, Union, Johnson, Pope, Hardin, Mas- 
sac, Pulaski and Alexander. 

Second Circuit — The counties of Cumberland, Effing- 
ham, Clay, Jasper, Richland, Lawrence, Crawford, Jef- 
ferson, Wayne, Edwards, Wabash, White, Hamilton 
and Gallatin. 



MISCELLANEOUS. 65 

Third Circuit — The counties of Bond, Madison, St. 
Clair, Marion, Clinton, Washington, Randolph, Monroe 
and Perry. 

Fourth Circuit — The counties of Vermilion, Edgar, 
Clark, Coles, Douglas, Champaign, Piatt, Moultrie and 
Macon. 

Fifth Circuit — The counties of Sangamon, Macoupin, 
Christian, Montgomery, Fayette and Shelby. 

Sixth Circuit — The counties of Hancock, Adams, 
Fulton, McDonough, Schuyler, Brown and Pike. 

Seventh Circuit — The counties of De Witt, Logan, 
Menard, Mason, Cass, Morgan, Scott, Greene, Jersey 
and Calhoun 

Eighth Circuit — The counties of Putnam, Marshall, 
Woodford, Tazewell, Peoria and Stark. 

Ninth Circuit — The counties of Bureau, La Salle, 
Will and Grundy. 

Tenth Circuit — The counties of Rock Island, Mercer, 
Henry, Henderson, Warren and Knox. 

Eleventh Circuit — The counties of McLean, Ford, 
Kankakee, Iroquois and Livingston. 

Twelfth Circuit — The counties of Boone, De Kalb. 
McHenry, Lake, Kane, Du Page and Kendall. 

Thirteenth Circuit — The counties of Jo Daviess, 
Stephenson, Winnebago, Carroll, Whiteside, Ogle and 
Lee. 

Cook county alone constitutes another circuit. 

E 3* 






CONSTITUTION OF THE STATE OF ILLINOIS. 



I. Boundaries of the State 67 

II. Bill of Rights 68 

§1. Inherent and Inalienable Rights; §2. Due Process of Law; §3. Liberty of Con- 
science Guaranteed; §4. Freedom of the Press— Libel; §5. Right of Trial by 
Jury; §6. Unreasonable Searches and Seizures; §7. Bail Allowed— Writ of 
Habeas Corpus; §8. Indictment required— Grand Jury Abolished; §9. Rights 
of Persons Accused of Crime; §10. Self Crimination— Former trial; §11. Pen- 
alties proportionate— Corruption— Forfeiture; §12. Imprisonment for debt; 
§13. Compensation for Property taken; §14. Ex post facto laws— Irrevocable 
Grants; §15. Military Power Subordinate; §16. Quartering of Soldiers; §17. 
Right of Assembly and Petition; §18. Elections to be Free and Equal; §19. 
What Laws ought to be; §20. Fundamental Principles. 

III. Distribution of Powers 69 

IV. Legislative Department 69 

§1. General Assembly elective; §2. Time of Election— Vacancies; §3. Who are eligi- 
ble; §4. Disqualification by Crime; §5. Oath taken by members; §6. Sena- 
torial Apportionments; §7. & 8. Minority Representation; §9. time of meet- 
ing—General Rules: §10. Secrecy — Adjournment— Journals— Protests; §11. 
Style of laws; §12. Origin and passage of Bills; §13. Reading— Printing— Title 
—Amendments; §14. Privileges of members; §15. Disabilities of members; 
§16. Bills making Appropriations; §17. Payment of money— Statement of 
Expenses; §18. Ordinary ExDenses— Casual Deficits— Appropriations limited; 
§19. Extra Compensation or Allowance; §20. Public Credit not loaned; §21. 
Pay and mileage of members; §22. Special Legislation prohibited; §23. 
Against Release from Liability; §24. Proceedings on Impeachment; §25. Fuel, 
Stationery and Printing; §26. State not to be sued; 1127. Lotteries and Gift 
Enterprises; §28. Terms of office not Extended; §29. Protection of operative 
miners; §30. Concerning roads— public and private; §31. Draining and ditch- 
ing; §82. Homestead and Exemption Laws; §33. Completion of the State 
House. 

V. Executive Department 74 

§1. Officers of this Department; §2. Of the State Treasurer; §3. Time of Electing 
State Officers; §4. Returns— Tie— Contested Election; §5. Eligibility for Office; 
§6. Governor— Power and Duty; §7. His Message and Statement; §8. Conven- 
ing the General Assembly; §9. Proroguing the General Assembly; §10. Nomi- 
nations by the Governor; §11. Vacancies may be filled; §12. Removals by the 
Governor; §13. Reprieves -Commutations— Pardons; §14. Governor as Com- 
mander-in-Chief ; §15. Impeachment for Misdemeanor; §16. Veto of the 
Governor; §17. Lieutenant Governor as Governor; §18. As President of the 
Senate; §19. Vacancy in Governor's Office; §20. Vacancy in other State Offices; 
§21. Reports of State Officers; §22. Great Seal of State; §23. Fees and Sal- 
aries; §24. Definition of "Office; "§25. Oath of Civil Officers. 

VI. Judicial Department 77 

§1. Judicial Powers of Courts; §2. Seven Supreme Judges— Four Decide; §3. 
Qualifications of a Supreme Judge; §4. Terms of the Supreme Court; §5. 
Three Grand Divisions— Seven Districts; §6. Election of Supreme Judges; §7. 
Salaries of the Supreme Judges; §8. Appeals and Writs of Error; §9. Ap- 
pointment of Reporter; §10. Clerks of the Supreme Court; §11. Appellate 
Courts Authorized; §12. Jurisdiction of Circuit Courts; §13. Formation of 
Judicial Circuits; §14. Time of holding Circuit Courts; §15. Circuits con- 
taining Four Judges; §16. Salaries of the Circuit Judges; §17. Qualification 
of Judges or Commissioners: §18. Countv Judges— Countv Clerks; §19. Ap- 
peals from County Courts; §20. Probate Courts Authorized; §21. Justices of 
the Peace and Constables; §22. State's Attorney in each County; §23. Cook 
County Courts of Record; §24. Chief Justice— Power of Judges; §25. Sal- 
aries of the Judges; §26. Criminal Court of Cook County: §27. Clerks of 
Cook County Court; §28. Jus ices in Chicago; §29, Uniformity in the Courts; 
§30. Removal of any Judge; §31. Judges to make Written Reports; §32. 
Terms of Office -Filling Vacancies; §33. Process— Prosecutions— Population. 



CONSTITUTION OF THE STATE OF ILLINOIS. 67 

Til. Suffrage 82 

51. Who are Entitled to Vote; §2. All Voting to be by Ballot; §3. Privileges of Elect- 
ors; §4. Absence on Public Business; §5. Soldier not Deemed a Resident: §6. 
Qualifications for Office; §7. Persons Convicted of Crime. 

VIII. Education 83 

§1. Free Schools Established; §2. Gifts or Grants in Aid of Schools; §3. Public 
Schools not to be Sectarian; §4 School Officers not Interested; §5, County 
Superintendents of Schools. 

IX. Revenue 83 

§1. Principle of Taxation Stated; §2. Other and Further Taxation ; §3. Property Ex- 
empt from Taxation; §4. Sale of Real Property for Taxes; §5. Right of Re- 
demption Therefrom : §6. Release from Taxation Forbidden; §7. Taxes Paid 
into State Treasury ; §8. Limitation on County Taxes; §9. Local Municipal 
Improvements; §10. Taxation of Municipal Corporations; §11. Defaulter 
not to be Eligible; §12. Limitation on Municipal Indebtedness, 

X. Counties 84 

$1. Formation of New Counties; §2. Division of any County; §3. Territory Stricken 
from a County; §4. Removal of a County Seat; §5. Methods of County 
Government; §6. Board of County Commissioners; §7. County Affairs in Cook 
County; §8- County Officers— Terras of Office; §9. Salaries and Fees in Cook 
County; §10, Salaries Fixed by County Board; §11. Township Officers— Spe- 
cial Laws; 12. All Future Fees Uniform; §13. Sworn Report of All Fees. 

XL Corporations 86 

§1. Established only by General Laws; §2. Existing Charters— How Forfeited; §3. 
Election of Directors or Managers; §4. Construction of Street Railroads; §5. 
State Bank Forbidden— General Law; §6. Liability of Bank Stockholder; 
§7. Suspension of Specie Payment; §8. Of a General Banking Law; §9. Rail- 
road Office— Books and Records; §10. Personal Property of Railroads; §11. 
Consolidations Forbidden; §12. Railroads Deemed Highways— Rates Fixed; 
§13. Stocks, Bonds and Dividends; §14. Power Over Existing Companies; §15. 
Freight and Passenger Tariffs Regulated. 

XII. Militia 89 

§1. Persons Composing the Militia; §2. Organization— Equipment— Discipline; §3. 
Commissions of Officers; §4. Privilege from Arrest; 5. Records, Banners and 
Relics; §6. Exemption from Militia Duty. 

XIII. Warehouses 88 

§1. What Deemed Public Warehouses; §2. Sworn Weekly Statements Required; 

§3. Examination of Property Stored. §4. Carriers to Deliver Full Weight; §5, 
Delivery of Grain by Railroads; §6. Power and Duty of the Legislature; 
§7. Grain Inspection— Protection of Dealers. 

XIV. Amendments to the Constitution 88 

§1. By a Constitutional Convention; §2. Proposed by the Legislature. 

XV. Schedule 91 

51. Laws in Force Remain Valid; §2. Fines, Penalties and Forfeitures ; §3. Recog- 
nizances, Bonds, Obligations; §4. Present County Courts Continued; §5. All 
Existing Courts Continued; §6. Persons now in Office Continued. 



PREAMBLE. 



We, the people of the State of Illinois— grateful to Almighty God for the civil, 
political and religious liberty which He hath so long permitted us to enjoy, and 
looking to Him for a blessing upon our endeavors to secure and transmit the same 
unimpaired to succeeding generations— in order to form a more perfect govern- 
ment, establish justice, insure domestic tranquility, provide for the common de- 
fense, promote the general welfare, and secure the blessings of liberty to ourselves 
and our posterity ; do ordain and establish this constitution for the State of Il- 
linois. 

ARTICLE I.-BOUNDARIES. 

The boundaries and jurisdiction of the State shall be as follows, to-wit : Begin- 
ning at the mouth of the Wabash river ; thence up the same, and with the line of 
Indiana, to the northwest corner of said State ; thence east, with the line of the 



68 Crawford's civil government. 

same State, to the middle of Lake Michigan ; thence north, along the middle of said 
lake, to north latitude 42 degrees and 30 minutes; thence west to the middle of the 
Mississippi river, and thence down along the middle of that river to its confluence 
with the Ohio river, and thence up the latter river, along its northwestern shore, to 
the place of beginning: Provided, that this State shall exercise such jurisdiction upon 
the Ohio river as she is now entitled to, or such as may hereafter be agreed upon by 
this State and the State of Kentucky. 

ARTICLE II.— BILL OF RIGHTS. 

§ 1. All men are by nature free and independent, and have certain inherent 
and inalienable rights— among these are life, liberty and the pursuit of happiness. 
To secure these rights and the protection of property, governments are instituted 
among men, deriving their just powers from the consent of the governed. 

§ 2. No person shall be deprived of life, liberty or property, without due pro- 
cess of law. 

§ 3. The free exercise and enjoyment of religious profession and worship, 
without discrimination, shall forever be guaranteed; and no person shall be denied 
any civil or political right, privilege or capacity, on account of his religious opin- 
ions; but the liberty of conscience hereby secured shall not be construed to dis- 
pense with oaths or affirmations, excuse acts of licentiousness, or justify practices 
inconsistent with the peace or safety of the State. No person shall be required to 
attend or support any ministry or place of worship against his consent, nor shall 
any preference be given by law to any religious denomination or mode of worship. 

§ 4. Every person may freely speak, write and publish on all subjects, being re- 
sponsible for the abuse of that liberty; and in all trials for libel, both civil and crim- 
inal, the truth, when published with good motives and for justifiable ^ends, shall be 
a sufficient defense. 

§ 5. The right of trial by jury as heretofore enjoyed, shall remain inviolate ; but 
the trial of civil cases before justices of the peace by a jury of less than twelve men, 
may be authorized by law. 

§ 6. The right of the people to be secure in their persons, houses, papers, and ef- 
fects, against unreasonable searches and seizures, shall not be violated; and no war- 
rant shall issue without probable cause, supported by affidavit, particularly describ- 
ing the place to be searched, and the person or things to be seized. 

§ 7. All persons shall be bailable by sufficient sureties, except for capital offens- 
es, where the proof is evident or the presumption great; and the privilege of the writ 
of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion 
the public safety may require it. 

§ 8. No person shall be held to answer for a criminal offense unless on indict- 
ment of a grand jury, except in cases in which the punishment is by fine, or impris- 
onment otherwise than in the penitentiary, in cases of impeachment, and in cases 
arising in the army and navy or in the militia when in actual service in time of war 
or public danger : Provided, that the grand jury may be abolished by law in all 
cases. 

§ 9. In all criminal prosecutions, the accused shall have the right to appear and 
defend in person and by counsel ; to demand the nature and cause of the accusation, 
and to have a copy thereof; to meet the witnesses face to face, and to have process to 
compel the attendance of witnesses in his behalf, and a speedy public trial by an im- 
partial jury of the county or district.in which the offense is alleged to have been com- 
mitted. 

§ 10. No person shall be compelled in any criminal case to give evidence against 
himself, or be twice put in jeopardy for the same offense. 

§ 11. All penalties shall be proportioned to the nature of the offense : and no 
conviction shall work corruption of blood or forfeiture of estate; nor shall any per- 
son be transported out of the State for any offense committed within the same. 

§ 12. No person shall be imprisoned for debt, unless upon refusal to deliver up 



CONSTITUTION OF THE STATE OF ILLINOIS. 69 

his estate for the benefit of his creditors, in such manner as shall be prescribed by 
aw; or in cases where there is strong presumption of fraud. 

13. Private property shall not betaken or damaged for public use without just 
compensation. Such compensation, when not made by the State, shall be ascertain- 
ed by a jury, as shall be prescribed by law. The fee of land taken for railroad tracks 
without consent of the own ts thereof, shall remain in such owners, subject to the 
use for which it is taken. 

§ 14. No ( x post facto law, or law impairing the obligation of contracts, or mak- 
ing any irrevocable grant of special privileges or immunities, shall be passed. 

§ 15, The military shall be in strict subordination to the civil power. 

§ 16. No soldier shall, in time of peace, be quartered in any house without the 
consent of the owner; nor in time of war except in the manner prescribed by law. 

§ 17. The people have the right to assemble ma peaceable manner to consult for 
the common good, to make known their opinions to their representatives, and to 
apply for redress of grievances. 

§ 18. All elections shall be free and equal. 

§ 19. Every person ought to find a certain remedy in the laws for all injuries 
and wrongs which he may receive in his person, property, or reputation; he ought 
to obtain, by law, right and justice freely, and without being obliged to purchase it, 
completely and without denial, promptly and without delay. 

§ 20. A frequent recurrence to the fundamental principles of civil government 
is absolutely necessary to preserve the blessings of liberty. 

ARTICLE III.-DISTRIBUTION OF POWERS. 

The powers of the government of this. State are divided into three distinct 
departments— the legislative, executive and judicial; and no person, or collection 
of persons, being one of these departments, shall exercise anv power properly 
belonging to either of the others, except as hereinafter expressly directed or per- 
mitted. 

ARTICLE IV.-LEGISLATIVE DEPARTMENT. 

§ 1. The legislative power shall be vested in a general assembly, which shall 
consist of a senate and house of representatives, both to be elected by the people. 

ELECTION. 

§ 2. An election for members of the general assembly shall be held on the Tues- 
day next after the first Monday in November in the year of our Lord one thousand 
eight hundred and seventy, and every two years thereafter, in each county, at such 
places therein as may be provided by law, When vacancies occur in either house, 
the governor or person exercising the powers of governor, shall issue writs of elec- 
tion to fill such vacancies. 

ELIGIBILITY AND OATH. 

§ 3. No person shall be a senator who shall not have attained the age of twenty- 
five years, or a representative who shall not have attained the age of twenty- 
one years. No person shall be a senator or a representative who shall not be a 
citizen of the United States, and who shall not have been for five years a resident of 
this State, and for two years next preceding his election a resident within the terri- 
tory forming the district from which he is elected. No judge or clerk of any court, 
secretary of state, attorney-general, state's attorney, recorder, sheriff, or collector 
of public revenue, member of either house of congress, or person 1 olding any 
lucrative office under the United States or this State, or any foreign government, 
shall have a seat in the general assembly: Provided, that appointments in the mili- 
tia, and the offices of notary public and justice of the peace shall not be considered 
lucrative. Nor shall any person, holding any office of honor or profit under any 
foreign government, or under the government of the United States (except post- 
masters whose anunal compensation does not exceed the sum of $300), hold any 
office of honor or profit under the authority of this State. 



70 Crawford's civil government. 

§ 4. No person who has been, or hereafter shall be, convicted of bribery, per- 
jury or other infamous crime, nor any person who has been or may be a collector or 
holder of public moneys, who shall not have accounted for and paid over, accord- 
ing to law, all sucb moneys due from him, shall be eligible to the general assembly, 
or to any office of profit or trust in this State. 

§ 5. Members of the general assembly, before they enter upon their official 
duties, shall take and subscribe to the following oath or affirmation. 

"I do solemnly swear (or affirm) that I will support the constitution of 
the United States, and the constitution of the State of Illinois, and will faithfully 
discharge the duties of senator (or represantative) according to the best of my 
ability ; and that I have not, knowingly or intentionally, paid or contributed any- 
thing, or made any promise in the nature of a bribe, to directly or indirectly influ- 
ence any vote at the election at which I was chosen to fill the said office, and have 
not accepted, nor will I accept or receive, directly or indirectly, any money or other 
valuable thing, from any corporation, company or person, for any vote or influence 
I may give or withhold on any bill, resolution or appropriation, or for any other 
official act." 

This oath shall be administered by a judge of the supreme or circuit court, in 

the hall of the house to which the member is elected, and the secretary of state shall 

record and file the oath subscribed by each member. Any member who shall refuse 

to take the oath herein prescribed, shall forfeit his office, and every member who 

shall be convicted of having sworn falsely to, or of violating, his said oath, sliall 

forfeit his office, and be disqualified thereafter from holding any office of profit or 

trust in this State. 

APPORTIONMENT-SENATORIAL. 

§ 6. The general assembly shall apportion the State every 10 years, beginning 
with the year 1871, by dividing the population of the State, as ascertained by the 
federal census, by the number 51, and the quotient shall be the ratio of representa- 
tion in the senate. The State shall be livided into 51 senatorial districts, each of 
which shall elect one senator, whose term of office shall be four years. The senators 
elected in the year of our Lord 1872, in districts bearing odd numbers, shall vacate 
their offices at the end of two years, and those elected in districts bearing even 
numbers, at the end of four years; and vacancies occurring by the expiration of 
term, shall be filled by the election of senators for the full term. Senatorial dis- 
tricts shall be formed of contiguous and compact territory, bounded by county 
lines, and contain as neariv as practicable an equal number of inhabitants; but no 
district shall contain less than four-fifths of the senatorial ratio. Counties contain- 
ing not less than the ratio and three-fourths, may be divided into separate districts, 
and shall be entitled to two senators, and to one additional senator for each number 
of inhabitants equal to the ratio, contained by such counties in excess of tw?ce the 
number of said ratio. 

NOTE.— By the adoption of minority representation, §§ 7 and 8, of this article, 
cease to be a part of the constitution. Under § 12 of the schedule, and the vote of 
adoption, the following section relating to minority representation is substituted 
for said sections: 

MINORITY REPRESENTATION. 

§§ 7 and 8. The house of representatives shall consist of three times the number 
of the members of the senate, and the term of office shall be two years. Three 
representatives shall be elected in each senatorial district at the general election in 
the year of our Lord 1872, and every two years thereafter. In all elections of repre- 
sentatives aforesaid, each qualified voter may cast as many votes for one candidate 
as there are representatsves to be elected, or may distribute the same, or equal parts 
thereof, among the candidates, as he shall see fit; and tne candidates highest in votes 
shall be declared elected. 

TIME OF MEETING AND GENERAL RULES. 
§ 9. The sessions of the general assembly shall commence at 12 o'clock noon, on 
the Wednesday next after the first Monday in January, in the year next ensuing 



CONSTITUTION OF THE STATE OF ILLINOIS. 71 

the election of members thereof, and at no other time, unless as provided by this 
constitution. A majority of the members elected to each house shall constitute a 
quorum. Each house shall determine the rules of its proceedings, and be the judge 
of the election, returns and qualifications of its members; shall choose its own 
officers; and the senate shall choose a temporary president to preside when the 
lieutenant governor shall not attend as president or shall act as governor. The 
secretary of state shall call the house of representatives to order at the opening of 
each new assembly, and preside over it until a temporary presiding officer thereof 
shall have been chosen and shall have taken his seat. No member shall be expelled 
by either house, except by a vote of two-thirds of all the members elected to that 
house, and no member shall be twice expelled for the same offense. Each house 
may punish by imprisonment any person, not a member who shall be guilty of dis- 
respect to the house by disorderly or contemptuous behavior in its presence. But no 
such imprisonment shall extend beyond 24 hours at one time, unless the person 
shall persist in such disorderly or contemptuous behavior. 

§ 10. The doors of each house and of committees of the whole shall be kept 
open, except in such cases as, in the opinion of the house, require secrecy. Neither 
house shall, without the consent of the other, adjourn for more than two days, or to 
any other place than that in which the two houses shall be sitting. Each house 
shall keep a journal of its proceedings, which shall be published. In the senate at 
the request of two members, and in the house at the request of five members, the 
yeas and nays shall be taken on any question, and entered upon the journal. Any 
two members of either house shall have liberty to dissent from and protest, in re- 
spectful language, against any act or resolution which they think injurious to the 
public or to any individual, and have the reasons of their dissent entered upon the 
journals. t 

STYLE OF LAWS AND PASSAGE OF BILLS. 

§ 11. The style of the laws of this State shall be : Be it enacted by the People of 
the State of Illinois, represented in the General Assembly. 

§ 12. Bills may originate in either house, but may be altered, amended or re- 
jected by the other; and on the final passage of all bills, the vote shall be by yeas and 
nays, upon each bill separately, and shall be entered upon the journal; and no bill 
shall become a law without the concurrence of a majority of the members elected to 
each house. 

§ 13. Every bill shall be read at large on three different days, in each house ; 
and the bill and all amendments thereto, shall be printed before the vote is taken on 
its final passage; and every bill, having passed both houses, shall be signed by the 
speakers thereof. No act hereafter passed shall embrace more than one subject, 
and that shall be expressed in the title. But if any subject shall be embraced in an 
act which shall not be expressed in the title, such act shall be void only as to so 
much thereof as shall not be so expressed ; and no law shall be revived or . amended 
by reference to its title only, but the law revived, or the section amended, shall be in- 
serted at length in the new act. Aaid no act of the general assembly shall take effect 
until the first day of July next after its passage, unless, in case of emergency, 
(which emergency shall be expressed in the preamble or body of the act), the gen- 
eral assembly shall, by a vote of two-thirds of all the members elected to each house, 
otherwise direct. 

PRIVILEGES AND DISABILITIES. 

§ 14. Senators and representatives shall, in all cases, except treason, felony or 
breach of the peace, be privileged from arrest during the session of the general as- 
sembly, and in going to and returning from the same; and for any speech or debate 
in either house, they shall not be questioned in any other place. 

§ 15. No person elected to the general assembly shall receive any civil appoint- 
ment within this State from the governor, the governor and senate, or from the 
general assembly, during the term for which he shall have been elected; and all 
such appointments, and all votes given for any such members for any such office or 



72 Crawford's civil government. 

appointment, shall be void; nor shall any member of the general assembly be inter- 
ested, either directly or indirectly, in any contract with the State, or any county 
thereof, authorized by any law passed during the term for which he shall have been 
elected, or within one year after the expiration thereof. 

PUBLIC MONEYS AND APPROPRIATIONS. 

§ 16. The general assembly shall make no appropriation of money out of the 
treasury in any private law. Bills making appropriations for the pay of members 
and officers of the general assembly, and for the salaries of the officers of the gov- 
ernment, shall contain no provisions on any other subject. 

§ 17. No money shall be drawn from the treasury except in pursuance of an ap- 
propriation made by law, and on the presentation of a warrant issued by the audi- 
tor thereon; and no money shall be diverted from any appropriation made for any 
purpose, or taken from any fund whatever, either by joint or separate resolution. 
The auditor shall, within 60 days after the adjournment of each session of the gen- 
eral assembly, prepare and publish a full statement of all money expended at such 
session, specifying the amount of each item, and to whom and for what paid. 

§ 18. Each general assembly shall provide for all the appropriations necessary 
for the ordinary and contingent expenses of the government until the expiration of 
the first fiscal quarter after the adjournment of the next regular session, the aggre- 
gate amount of which shall not be increased without a vote of two-thirds of the 
members elected to each house, nor exceed the amount of revenue authorized by law 
to be raised in such time; and all appropriations, general or special, requiring mon- 
ey to be paid out of the State Treasury, from funds belonging to the State, shall end 
with such fiscal quarter : Provided, the State may. to meet casual deficits or failures 
in revenues, contract debts, never to exceed in the aggregate $250,000; and mon- 
eys thus borrowed shall be applied to the purpose for which they were obtained, or 
to pay the debt thus created, and to no other purpose; and no other debt, except for 
the purpose of repelling invasion, suppressing insurrection, or defending the State 
in war, (for payment of which the faith of the State shall be pledged), shall be con- 
tracted, unless the law authorizing the same shall, at a general election, have been 
submitted to the people, and have received a majority of the votes cast for members 
of the general assembly at such election. The general assembly shall provide for 
the publication of said law for three months, at least, before the vote of the people 
shall be taken upon the same ; and provision shall be made, at the time, for the pay- 
ment of the interest annually, as it shall accrue, by a tax levied for the purpose, or 
from other sources of revenue; which law, providing for the payment of such inter- 
est by such tax, shall be irrepealable until such debt be paid : And provided fur- 
ther, that the law levying the tax shall be submitted to the people with the law au- 
thorizing the debt to be contracted. 

§ 19. The general assembly shall never grant or authorize extra compensation, 
fee or allowance to any public officer, agent, servant or contractor, after service has 
been rendered or a contract made, nor authorize the payment of any claim, or 
part thereof, hereafter created against the State under any agreement or contract 
made without express authority of law; and all such unauthorized agreements or 
contracts shall be null and void. Provided, the general assembly may make appro- 
priations for expenditures incurred in suppressing insurrection or repelling inva- 
sion. 

§ 20. The State shall never pay, assume, or become responsible for the debts or 
liabilities of, or in any manner give, loan or extend its credit to, or in aid of any pub- 
lic or other corporation, association or individual. 

PAY OF MEMBERS. 

§ 21. The members of the general assembly shall receive for their services the 
sum of $5 per day during the first session held under this constitution, and 10 cents 
for each mile necessarily traveled in going to and returning from the seat of gov- 



CONSTITUTION OF THE STATE OF ILLINOIS. 73 

eminent, to be computed by the auditor of public accounts ; and thereafter such 
compensation as shull be prescribed by law, and no other allowance or emolument, 
di ectly or indirectly, for any purpose whatever: except the sum of $50 per session 
to each member, which shall be in full for postage, stationery, newspapers, and all 
other incidental expenses and perquisites; but no change shall be made in the com- 
pensation of members of the general assembly during the term for which they may 
have been elected. The pay and mileage allowed to each member of the general 
assembly shall be certified by the speaker of their respective houses, and entered 
on the journals and published at the close of each session. 

SPECIAL LEGISLATION PROHIBITED. 

§ 22. The general assembly shall not pass local or special laws in any of the 
following enumerated cases, that is to say: for— 

Granting divorces; 

Changing the names of persons or places ; 

Laying out, opening, altering, and working roads or highways; 

Vacating roads, town plats, streets, alleys and public grounds; 

Locating or changing county se ats ; 

Regulating county and township affairs; 

Regulating the practice in courts of justice ; 

Regulating the jurisdiction and duties of justices of the peace, police magistrates, 
and constables; 

Providing for changes of venue in civil and criminal cases; 
Incorporating cities, towns, or villages, or changing or am ending the charter of 
any town, city or village; 

Providing for the election of members of the board of supervisors in townships , 
incorporated towns or cities ; 

Summoning or impaneling grand or petit juries ; 

Providing for the management of common schools; 

Regulating the rate of interest on money ; 

The opening and conducting of any election, or designating the place of voting; 

The sale or mortgage of real estate belonging to minors or others under disability ; 

The protection of game or fish ; 

Chartering or licensing ferries or toll bridges; 

Remitting fines, penalties or forfeitures; 

Creating, increasing or decreasing fees, percentage or allowances of public offi- 
cers during the term for which said officers are elected or appointed; 

Changing the law of descent; 

Granting to any corporation, association or individual the right to lay down rail- 
road tracks, or amending existing charters for such purpose; 

Granting to any corporation, association or individual any special or exclusive 
privilege, immunity or franchise whatever; 

In all other cases where a general law can be made applicable, no special law 
shall be enacted. 

§23. The general assembly shall have no power to release or extinguish, in 
whole or in part, the indebtedness, liability, or obligation of any corporation or in- 
dividual to this State or to any municipal corporation therein. 

IMPEACHMENT. 

§ 24. The house of representatives shall have the sole power of impeachment; 
but a majority of all the members elected must concur therein. All impeachments 
shall be tried by the senate; and when sitting for that purpose the senators shall be 
upon oath, or affirmation, to do justice according to law and evidence. When the 
governor of the State is tried the chief justice shall preside. No person shall be 
convicted without the concurrence of two-thirds of the senators elected. But j udg- 
ment, in such cases, shall not extend further than removal from office and disquali- 



74 Crawford's civil government. 

fication to hold any office of honor, profit or trust under the government of this 
State. The party, whether convicted or acquitted, shall, nevertheless, be liable to 
prosecution, trial, judgment and punishment according to law. 

MISCELLANEOUS. 

§ 25. The general assembly shall provide, by law, that the fuel, stationery, and 
printing paper furnished for the use of the State ; the copying, printing binding and 
distributing the laws and journals, and all other printing ordered by the general as- 
sembly, shall be let by contract to the lowest responsible bidder; but the general as- 
sembly shall fix a maximum price; and no member thereof, or other officer of the 
State, shall be interested, directly or indirectly, in such contract. But all such con- 
tracts shall be subject to the approval of the governor, and if he disapproves the 
same there shall be a re-letting of the contract, in such manner as shall be prescrib- 
ed by law. 

§ 26. The State of Illinois shall never be made defendant in any court of law or 
equity, 

§ 27. The general assembly shall have no power to authorize lotteries or gift 
enterprises, for any purpose, and shall pass laws to prohibit the sale of lottery or 
gift enterprise tickets in this State. 

§ 28, No law shall be passed which shall operate to extend the term of any pub- 
lic officer after his election or appointment. 

§ 29. It shall be the duty of the general assembly to pass such laws as may be 
necessary for the protection of operative miners, by providing for ventilation, when 
the same may be required, and the construction of escapement shafts, or such other 
appliances as may secure safety in all coal mines, and to provide for the enforce- 
ment of said laws by such penalties and punishments as may be deemed proper. 

§ 30. The general assembly may provide for establishing and opening roads and 
cartways, connected with a public road, for private and public use. 

§ 31. The general assembly may pass laws permitting the owners or occupants 
of lands to construct drains and ditches, for agricultural and sanitary purposes, 
across the lands of others. 

§ 32. The genera] assembly shall pass liberal homestead and exemption laws. 

§ 33. The general assembly shall not appropriate out of the State treasury, or 
expend on account of the new capitol grounds, and construction, completion, and 
furnishing of the new State house, a sum exceeding, in tne aggregate, $3,500,000, 
inclusive of all appropriations heretofore made, without first submitting the propo- 
sition for an additional expenditure to the legal voters of the State, at a general elec- 
tion; nor unless a majority of all the votes cast at such election shall be for the pro- 
posed additional expenditure. 

ARTICLE V.-EXECUTIVE DEPARTMENT. 

§ 1. The executive department shall consist of a Governor, Lieutenant Gov- 
ernor, Secretary of State, Auditor of Public Accounts, Treasurer, Superintendent 
of Public Instruction, and Attorney General, who shall, each, with the exception of 
the Treasurer, hold his office for the term of four years from the second Monday of 
January next after his election, and until his successor is elected and qualified. 
They shall, except the Lieutenant Governor, reside at the seat of government dur- 
ing their term of office, and keep the public records, books and papers there, and 
shall perform such duties as may be prescribed by law. 

§ 2. The Treasurer shall hold his office for the term of two years, and until his 
successor is elected and qualified; and shall be ineligible to said office for two years 
next after the end of the term for which he was elected. He may be required by the 
Governor to give reasonable additional security, and in default of so doing his 
office shall be deemed vacant. 



CONSTITUTION OF THE STATE OF ILLINOIS. 75 

ELECTION. 

§ 3. An election for Governor, Lieutenant Governor, Secretary of State, Audi- 
tor of Public Accounts, and Attorney General, shall be held on the Tuesday next 
after the first Monday of November, in the year of our Lord lS^, and every four 
years thereafter; for Superintendent of Public Instruction, on the Tuesday next 
after the first Monday of November, in the year 1870. and every four years thereaf- 
ter; and for Treasurer, on the day last above mentioned, and every two years 
thereafter, at such places and in such manner as may be prescribed by law. 

§ 4. The returns of every election for the above-named officers shall be sealed 
up and transmitted, by the returning officers, to the Secretary of State, directed to 
"The Speaker of the House of Representatives," who shall, immediately after the 
organization of the house, and before proceeding to other business, open and pub- 
lish the same in the presence of a majority of each house of the general assembly, 
who shall, for that purpose, assemble in the hall of the house of representatives. 
The person having the highest number of votes for either of said offices shall be 
declared duly elected; but if two or more have an equal and the highest number of 
votes, the general assembly shall, by joint ballot, choose one of such persons for 
said office. Contested elections for all of said offices shall be determined by both 
houses of the general assembly, by joint ballot, in such manner as may be pre- 
scribed by law. 

ELIGIBILITY. 

§ 5. No person shall be eligible to the office of governor or lieutenant governor 
who shall not have attained the age of 30 years, and been for five years next pre- 
ceding his election a citizen of the United States and of this State. Neither the 
governor, lieutenant governor, auditor of public accounts, secretary of State, super- 
intendent of public instruction, nor attorney general shall be eligible to any other 
office during the period for which he shall have been elected. 

GOVERNOR. 

§ 6. The supreme executive power shall be vested in the governor, who shall 
take care that the laws be faithfully executed. 

§ 7. The governor shall, at the commencement of each session, and at the close 
of his term of office, give to the general assembly information, by message, of the 
condition of the State, and shall recommend such measures as he shall deem expe- 
dient. He shall account to the general assembly, and accompany his message with 
a statement of all moneys received and paid out by him from any funds subject to 
his order, with vouchers, and, at the commencement of each regular session 
present estimates of the amount of money required to be raised by taxation for all 
purposes. 

§ 8. The governor may, on extraordinary occasions, convene the general as- 
sembly, by proclamation, stating therein the purpose for which they are convened; 
and the general assembly shall enter upon no business except that for which they 
were called together. 

§ 9. In case of a disagreement between the two houses with respect to the time 
of adjournment, the governor may, on the same being certified to him, by the house 
first moving the adjournment, adjourn the general assembly to such time as he 
thinks proper, not beyond the first day of the next regular session. 

§ 10. The governor shall nominate, and by and with the advice and consent of 
the senate (a majority of all the senators elected concurring by yeas and nays), 
appoint all officers whose offices are established by this constitution, or which may 
be created by law, and whose appointment or election is not otherwise provided for; 
and no such officer shall be appointed or elected by the general assembly. 

§ 11. In case of a vacancy, during the recess of the senate, in any office which 
is not elective, the governor shall make a temporary appointment until the next 
meeting of the senate, when he shall nominate some person to fill such office; and 



76 Crawford's civil government. 

any person so nominated, who is confirmed by the senate (a majority of all me 
senators elected concurring by yeas and nays), shall hold his office during the 
remainder of the term, and until his successor thall be appointed and qualified. No 
person, after beiug rejected by the senate, shall be again nominated for the same 
office at the same session, unless at the request of the senate, or be appointed to the 
same office during the recess of the general assembly. 

§ 12. The governo r shall have power to remove any officer whom he may ap- 
point, in case of incompetency, neglect of duty, or malfeasance in office; and he 
may declare his office vacant, and fill the same as is herein provided in other cases 
of vacancy. 

§ 1.3. The governor shall have power to grant reprieves, commutations and 
pardons, after conviction, for all offenses subject to such regulations as may be pro- 
vided by law relative to the manner of applying therefor. 

§ 14. Tbe governor shall be commander-in-chief of the military and naval 
forces of the State (except when tbey shall be called into the service of the United 
States); and may call out the same to execute the laws, suppress insurrection, aud 
repel invasion. 

§ 15. The governor, and all civil officers of this State, shall be liable to impeach 
ment for any misdemeanor in office. 

VETO. 

§ 16. Every bill passed by the general assembly shall, before it becomes a law v 
be presented to the governor. If he approve, he shall sign it, and thereupon it shall 
become a law; but if he do not approve, he shall return it, with his objections, to 
the house in which it shall have originated, which house shall enter the objections 
at large upon its journal, and proceed to reconsider the bill. If, then, two-thirds of 
the members elected agree to pass the same, it shall be sent, together with the ob- 
jections, to the other house, by which it shall likewise be reconsidered; and If 
approved by two-thirds of the members elected to that house, it shall become a law, 
notwithstanding the objections of the governor. But in all such cases the vote of 
each house shall be determined by yeas and nays, to be entered on the journal. 
Any bill which shall not be returned by the governor within ten days (Sundays ex- 
cepted) after it shall have been presented to him, shall become a law in like manner 
as if he had signed it, unless the general assembly shall, by their adjournment, 
prevent its return ; in which case it shall be filed, with his objections, in the office of 
the secretary of State, within ten days after such adjournment, or become a law. 

LIEUTENANT GOVERNOR. 

§ 17. In case of death, conviction on impeachment, failure to qualify, resigna- 
tion, absence from the State, or other disability of the governor, the powers, duties 
and emoluments of the office for the residue of the term, or until the disability shall 
be removed, shall devolve upon the lieutenant-governor. 

§ 18. The lieutenant-governor shall be president of the senate, and shall vove 
only when the senate is equally divided. The senate shall choose a president, p 
tempore, to preside in case of the absence or impeachment of the lieutenant- 
governor, or when he shall hold the office of governor. 

§ 19. If there be no lieutenant-governor, or if the lieutenant-governor shall, 
for any of the causes specified in § 17 of this article, b 'come incapable of perform- 
ing the duties of the office, the president of the senate shall act as governor until 
the vacancy is filled or the disability removed; and if the president of the senate, 
for any of the above-named causes, shall become incapable of performing the 
duties of governor, the same shall devolve upon the speaker of the house of repre- 
sentatives. 

OTHER STATE OFFICERS. 

§ 20. If the office of auditor of publie accounts, treasurer, secretary of State, 
attorney-general, or superintendent of public instruction shall be vacated by death,, 



CONSTITUTION OF THE STATE OF ILLINOIS. 77 

resignation or otherwise, it shall he the duty of the governor to fill the same by 
appointment, and the appointee shall hold his office until his successor shall be 
elected and qualified in such manner as maybe provided by law. An account shall 
be kept by the officers of the executive department, and of all the public institu- 
tions of the State, of all moneys received or disbursed by them, severally, from all 
sources, and for every service performed, and a semi-annual report thereof be 
made to the governor, under oath ; and any officer who makes a false report shall 
be guilty of perjury, and punished accordingly, 

§ 21. The officers of the executive department, and of all the public institu- 
tions of the State, shall, at least ten days preceding each regular session of the gen- 
eral assembly, severally report to the governor, who shall transmit such reports to 
the general assembly, together with the reports of the judges of the supreme court 
of the defects in the constitution and laws; and the governor may at anytime 
require information, in writing, under oath, from the officers of the executive 
department, and all officers and managers of State institutions, upon any subject 
relating to the condition, management and expenses of their respective offices. 

THE SEAL OF STATE. 

§ 22. There shall be a seal of the State, which shall be called the "Great Seal of 
tne State of Illinois," which shall be kept by che secretary of State, and used by 
him. officially, as directed by law. 

FEES AND SALARIES. 

5 23. The officers named in this article shall receive for their services a salary, 
to be established by law, which shall not be increased or diminished during their 
official terms, and they shall not, after the expiration of the terms of those in office 
at She adoption of this constitution, receive to their own use any fees, costs, perqui- 
sites of office, or other compensation. And all fees that may hereafter be payable 
by law for any service performed by any officer provided for in this article of the 
constitution, shall be paid in advance into the State treasury. 

DEFINITION AND OATH OF OFFICE. 

5 24. An office is a public position created by the constitution or law, continuing 
during the pleasure of the appointing power, or for a fixed time, with a successor 
elected or appointed. An employment is an agency, for a temporary purpose, 
which ceases when that purpose is accomplished. 

§ 25. All civil officers, except members of the general assembly, and such infe- 
rior officers as may be by law exempted, shall, before they enter on the duties of 
their respective offices, take and subscribe the following oath or affirmation: 

M I do solemnly swear (or affirm, as the case may be) that I will support the 
constitution of the United States, and the constitution of the State of Illinois, and 

that I will faithfully discharge the duties of the office of according to the best 

of my ability." 

And no other oath, declaration or test shall be required as a qualification. 

ARTICLE VI. -JUDICIAL DEPARTMENT. 

§ 1. The Judicial powers, except as in this article is otherwise provided, shall 
be vested in one supreme court, circuit courts, county courts, justices of the peace* 
police magistrates, and in such courts as may be created by law in and for cities and 
incorporated towns. 

SUPREME COURT. 

3 2. The supreme court shall consist of seven judges, and shall have original 
jurisdiction in cases relating to the revenue, in mandamus, and habeas corpus, and 
appellate jurisdiction in all other cases. One of said judges shall be chief justice; 



78 Crawford's civil government. 

four shall constitute a quorum, and the concurrence of four shall he necessary to 
every decision. 

§ 3. No person shall be eligible to the office of judge of the supreme court unless 
he shall be at least 30 years of age, and a citizen of the United States, nor unless he 
shall have resided in this State five years next preceding his election, and be a resi- 
dent of the district in which he shall be elected. 

§ 4. Terms of the supreme court shall continue to be held in the present grand 
divisions at the several places now provided for holding the same; and until other- 
wise provided by law, one or more terms of said court shall be held, for the north- 
ern division, in the city of Chicago, each year, at such times as said court may 
appoint, whenever said city or the county of Cook shall provide appropriate rooms 
therefor, and the use of a suitable library, without expense to the State. The 
judicial divisions may be altered, increased or diminished in number, and the times 
and places of holding said court may be changed by law. 

§ 5. The present grand divisions shall be preserved, and be denominated 
Southern, Central and Northern, until otherwise provided by law. The State shall 
be divided into seven districts for the election of judges, and, until otherwise pro- 
vided by law, they shall be as follows: 

First District.— The counties of St. Clair, Clinton, Washington, Jefferson, Wayne, 
Edwards, Wabash, White, Hamilton, Franklin, Perry, Randolph, Monroe, Jackson, 
Williamson, Saline, Gallatin, Hardin, Pope, Union, Johnson, Alexander, Pulaski 
and Massac. 

Second District— The counties of Madison, Bond, Marion, Clay, Richland, Law- 
rence, Crawford, Jasper, Effingham, Fayette, Montgomery, Macoupin, Shelby 
Cumberland, Clark, Greene, Jersey, Calboun and Christian. 

Third District — The counties of Sangamon, Macon, Logan, De Witt, Piatt, 
Douglas, Champaign, Vermillion, McLean, Livingston, Ford, Iroquois, Coles, Edgar, 
Moultrie and Tazewell. 

Fourth District — The counties of Fulton, McDonough, Hancock, Schuyler, 
Brown, Adams, Pike, Mason, Menard, Morgan, Cass and Scott. 

Fifth District — The counties of Knox, Warren, Henderson, Mercer, Henry, 
Stark, Peoria, Marshall, Putnam, Bureau, La Salle, Grundy and Woodford. 

Sixth District— The counties of Whiteside, Carroll, Jo Daviess, Stephenson 
Winnebago, Boone, McHenry, Kane, Kendali, De Kalb, Lee, Ogle and Rock 
Island. 

Seventh District— The counties of Lake, Cook, Will, Kankakee and Du Page. 
The boundaries of the districts may be changed at the session of the general 
assembly next preceding the election forjudges therein, and at no other time; but 
whenever such alteration shall be made, the same shall be upon the rule of equality 
of population, as nearly as county boundaries will allow, and the districts shall be 
composed of contiguous counties, in as nearly compact form as circumstances will 
permit. The alteration of the districts shall not affect the tenure of office of any 
judge. 

§ 6. At the time of voting on the adoption of this constitution, one judge of the 
supreme court shall be elected by the electors thereof, in each of said districts num- 
bered two, three, six and seven, who shall hold his office for the term of nine years 
from the first Monday of June, in the year of our Lord 1870. The term of office of 
judges of the supreme court, elected after the adoption of this constitution, shall be 
nine years; and on the first Monday of June of the year in which the term of any of 
the judges in office at the adoption of this constitution, or of the judges then elected, 
shall expire, and every nine years thereafter, there shall be an election for the suc- 
cessor or successors of such judges, in the respective districts wherein the term of 
such judges shall expire. The chief justice shall continue to act as such until the 
expiration of the term for which he was elected, after which the judges shall choose 
one of their number chief justice. 

§ 7. From and after the adoption of this constitution, the judges of the supreme 
court shall each receive a salary of $4,000 per annum, payable quarterly, until 



CONSTITUTION OF THE STATE OF ILLINOIS. 79 

otherwise provided by law. And after said salaries shall be fixed by law, the sala- 
ries of the judges in office shall not be increased or diminished during the terms for 
which said judges have been elected, 

§ 8. Appeals and writs of error may be taken to the supreme court held in the 
grand division in which the case is decided, or, by consent of the parties, to any 
other grand division. 

§ 9. The supreme court shall appoint one reporter of its decisions, who shall 
hold his office for six years, subject to removal by the court. 

§ 10. At the time of the election for representatives in the general assembly, 
happening next preceding the expiration of the terms of office of the present clerks 
of said court, one clerk of said court for each division shall be elected, whose term 
of office shall be for six years from said election, but who shall not enter upon the 
duties of his office until the expiration of the term of his predecessor, and every 
six years thereafter one clerk of said court for each division shall be elected. 

APPELLATE COURTS. 

§ 11. After the year of our Lord 1874, inferior appellate courts, of uniform or- 
ganization and jurisdiction, may be created in districts formed for that purpose, to 
which such appeals and writs of error as the general assembly may provide may be 
prosecuted from circuit and other courts, and from which appeals and writs of 
error shall lie to the supreme court, in all criminal cases, and cases in which a fran- 
chise, or freehold, or the validity of a statute is involved, and in such other cases as 
may be provided by law. Such appellate courts shall be held by such number of 
judges of the circuit courts, and at such times and places, and in such manner, as 
may be provided by law; but no judge shall sit in review upon cases decided by 
him; nor shall said judges receive any additional compensation for such services. 

CIRCUIT COURTS. 

§ 12. The circuit courts shall have original jurisdiction of all causes in law and 
equity, and such appellate jurisdiction as is or may be provided by law, and shall 
hold two or more terms each year in every county. The terms of office of judges 
of circuit courts shall be six years, 

§ 13. The State, exclusive of the county of Cook and other counties having a 
population of 100,000, shall be divided into judicial circuits prior to the expiration 
of the terms of office of the present j udges of the circuit courts. Such circuits shall 
be formed of contiguous counties, in as nearly compact form and as nearly equal as 
circumstances will permit, having due regard to business, territory and population, 
and shall not exceed in number one circuit for every 100,000 of population in the 
State. One judge shall be elected for each of said circuits by the electors thereof. 
New circuits may be formed and the boundaries of circuits changed by the general 
assembly, at its session next preceding the election for circuit judges, but at no 
other time; Provided, that the circuits may be equalized or changed at the first ses- 
sion of the general assembly after the adoption of this constitution. The creation 
alteration or change of any circuit shall not affect the tenure of office of any judge- 
Whenever the business of the circuit court of any one, or of two or more contiguous 
counties, containing a population exceeding 50,000, shall occupy nine months of the 
year, the general assembly may make of such county or c unities a separate circuit. 
Whenever additional circuits are created, the foregoing limitations shall be ob- 
served. 

§ 14. The general assembly shall provide for the times of holding court in each 
county, which shall not be changed, except by the general assembly next preceding 
the general election for judges of said courts; but additional terms may be provided 
for in any county. The election for judges of the circuit courts shall be held on the 
first Monday in June, in the year of our Lord 1873, and every six years thereafter. 

§ 15. The general assembly may divide the State into judicial circuits of greater 
population and territory, in lieu of the circuits provided for in section 13 of this 



V 



80 Crawford's civil government. 

article, and provide for the election therein, severally, by the electors thereof, by 
general ticker, of not exceeding four judges, who shall hold the circuit courts in the 
circuit for which they shall be elected, in such manner as may be provided by 
jaw. 

§ 16. From and after the adoption of this constitution, judges of the circuit 
courts shall receive a salary of $3,000 per annum, payable quarterly, until other- 
wise provided by law. And after their salaries shall be fixed by law, they shall not 
be increased or diminished during the terms for which said judges shall be, respec- 
tively, elected; and from and after the adoption of this constitution, no judge of the 
supreme or circuit court shall receive any other compensation, perquisite or benefit, 
in any form whatsoever, nor perform any other than judicial duties to which may 
belong any emoluments. 

§ 17. No person shall be eligible to the office of judge of the circuit or any inferior 
court, or to membership in the "board of county commissioners," unless he shall be 
at least 25 years of age, and a citizen of the United States, nor unless he shall have 
resided in this State five years next preceding his election, and be a resident of the 
circuit, county, city, cities, or incorporated town in which he shall be elected. 

COUNTY COURTS. 

§ 18. There shall be elected in and for each county, one county judge and one 
clerk of the county court, whose terms of office shall be four years. But the general 
assembly may create districts of two or more contiguous counties, in each of which 
shall be elected one judge, who shall take the place of, and exercise the powers and 
jurisdiction of county judges in such districts. County courts shall be courts of 
record, and shall have original jurisdiction in all matters of probate; settlement of 
estates of deceased persons; appointment of guardians and conservators, and settle- 
ments of their accounts; in all matters relating to apprentices, and in proceedings 
for the collection of taxes and assessments, and such other jurisdiction as may be 
provided for by general law. 

§ 19. Appeals and writs of error shall be allowed from final determinations of 
county courts, as may be provided by law. 

PROBATE COURTS. 

§ 20. The general assembly may provide for the establishment of a probate 
court in each county having a population of over 50,000, and for the election of a 
judge thereof, whose term of office shall be the same as that of the county judge, and 
who shall be elected at the same time and in the same manner. Said courts, when 
established, shall have original jurisdiction of all probate matters, the settlement of 
estates of deceased persons, the appointment of guardians and conservators, and 
settlement of their accounts; in all matters relating to apprentices, and in cases of 
the sales of real estate of deceased persons for the payment of debts. 

JUSTICES OF THE PEACE AND CONSTABLES. 

§ 21. Justices of the peace, police magistrates, and constables shall be elected 
in and for such districts as are, or may be, provided by law, and the jurisdiction of 
such justices of the peace and police magistrates shall be uniform. 

STATE'S ATTORNEYS. 

§ 22. At the election for members of the general assembly in the year of our 
Lord 1872, and every four years thereafter, there shall be elected a State's attorney 
in and for each county, in lieu of the State's attorneys now provided by law, whose 
term of office shall be four years. 



CONSTITUTION OF THE STATE OF ILLINOIS. 81 

COURTS OF COOK COUNTY. 

§ 23. The county of Cook shall he one judicial circuit. The circuit court of Cook 
coun y shall consist of five judges, until their number shall he increased, as herein 
provided. The present judge of the recorder's court of the city of Chicago, and the 
present judge of the circuit court of Cook county, shall he two of said judges, and 
shall remain in office for the terms for which they were respectively elected, and 
until their successors shall he elected and qualified. The superior court of Chcago 
shall be continued, and called the superior court of Cook county. The general 
assembly may increase the number of said judges, by adding one to either of said 
courts for every additional 50.000 inhabitants in said county over and above a pop- 
ulation of 400,000. The terms of office of the judges of said courts hereafter elected 
shall be six years. 

§ 24. The judge having the shortest unexpired term shall he chief justice of the 
court of which he is judge. In case there are two or more whose terms expire at 
the same time, it may be determined by lot which shall be chief justice. Any judge 
of either of said courts shall have ail the powers of a circuit judge, and may hold 
the court of which he is a member. Each of them may hold a different branch 
thereof at the same time. 

§ 25. The judges of the superior and circuit courts, and the State's attorney, in 
said county, shall receive the same salaries, payable out of the State treasury, as is 
or may be paid from said treasury to the circuit judges and State's attorneys of the 
State, and such further compensation, to be paid by the county of Cook, as is or may 
be provided by law; such compensation shall not be changed during their continu- 
ancejin office. 

§ 26. The recorder's court of the city of Chicago shall be continued, and shall 
be called the "criminal court of Cook county." It shall have the jurisdiction of a 
circuit court, in all cases of criminal and quasi criminal nature, arising in the 
county of Cook, or that may be brought before said court pursuant to law; and all 
recognizances and appeals taken in said county, in criminal and quasi criminal 
cases, shall be returnable and taken to said court. It shall have no jurisdiction in 
civil cases, except those on behalf of the people, and incident to such criminal or 
quasi criminal matters, and to dispose of unfinished business. The terms of said 
criminal court of Cook county shall be held by one or more of the judges of the 
circuit or superior court of Cook county, as nearly as may be in alternation, as may 
be determined by said judges, or provided by law. Said judges shall be ex^offlcio 
judges of said court. 

§ 27. The present clerk of the recorder's court of the city of Chicago shall be 
the clerk of the criminal court of Cook county during the term for which he was 
elected. The present clerks of the superior court of Chicago, and the present clerk of 
the circuit court of Cook county, shall continue in office during the terms for which 
they were respectively elected; and thereafter there shall be but one clerk of the 
superior court, to be elected by the qualified electors of said county, who shall hold 
his office for the term of four jnears, and until his successor is elected and qualified. 

§ 28. All justices of the peace in the city of Chicago shall be appointed by the 
governor, by and with the advice and consent of the senate, (but only upon the 
recommendation of a majority of the judges of the circuit, superior and county 
courts,) and for such districts as are now or shall hereafter be provided by law. 
They shall hold their offices for four years, and until their successors have been 
commissioned and qualified, but they may be removed by summary proceedings in 
the circuit or superior court, for extortion or other malfeasance. Existing justices 
of the peace and police magistrates may hold their offices until the expiration of 
their respective terms. 

GENERAL PROVISIONS. 

§ 29. All judicial officers shall be commissioned by the governor. All laws re- 
lating to courts shall be general, and of uniform operation; and the organization, 
jurisdiction, powers, proceedings and practice of all courts, of the same class or 
F 



82 Crawford's civil government. 

grade, so far as regulated by law, and the force and effect of the process, judgments 
and decrees of such courts, severally, shall be uniform. 

§ 30. The general assembly may, for cause entered on the journals, upon due 
notice and opportunity of defense, remove from office any judge, upon concurrence 
of three-fourths of all the members elected of each house. All other officers in tnis 
article mentioned shall be removed from office, on prosecution and final conviction, 
for misdemeanor in office. 

§31. All judges of courts of record, inferior to the supreme court, shall, on or 
before the first day of June of each year, report in writing to the judges of the 
supreme court, such defects and omissions in the laws as their experience may 
suggest; and the judges of the supreme court shall, on or before the first day of 
January of each year, report in writing to the governor such defects and omissions 
in the constitution and laws as they may find to exist, together with appropriate 
forms of bills to cure such defects and omissions in the laws. And the judges of 
the several circuit courts shall report to the next general assembly the number of 
days they have held court in the several counties composing their respective cir- 
cuits the preceding two years. 

§ 32. All officers provided for in this article shall hold their offices until their 
successors shall be qualified, and they shall, respectively, reside in the division, 
circuit, county or district for which they may be elected or appointed. The terms 
of office of all such officers, where not otherwise prescribed in this article, shall be 
four years. All officers, where not otherwise provided for in this article, shall 
perform such duties and receive such compensation as is or maybe provided by 
law. Vacancies in such elective offices shall be filled by election; but where the 
unexpired term does not exceed one year, the vacancy shall be filled by appoint- 
ment, as follows: Of judges, by the governor: of clerks of courts, by the court to 
which the office appertains, or by the judge or judges thereof; and of all such 
other offices, by the board of supervisors or board of county commissioners in the 
county where the vacancy occurs. 

§ 33. All process shall run: In the name of the People of the State of Illinois; 
and all prosecutions shall be carried on: In the name and by the authority of the 
People of the State of Illinois; and conclude: Against the peace and dignity of the 
same "Population," wherever used in this article, shall be determined by the 
next preceding census of this State, or of the United States. 

ARTICLE VII.-SUFFRAGE. 

§ 1. Every person having resided in this State one year, in the county ninety 
days, and in the election district thirty days next preceding any election therein, 
who was an elector in this State on the first day of April, in the year of our Lord 
1848, or obtained a certificate of naturalization before any court of record in this 
State prior to the first day of January, in the year of our Lord 1870, or who shall be 
male citizen of the United States, above the age of twenty-one years, shall be 
entitled to vote at such election. 

§ 2. All votes shall be by ballot. 

§ 3. Electors shall, in all cases except treason, felony, or breach of the peace, 
be privileged from arrest during their attendance at elections, and in going to and 
returning from the same. And no elector shall be obliged to do military duty on 
the days of election, except in time of war or public danger. 

§ 4. No elector shall be deemed to have lost his residence in this State by reason 
of his absence on business of the United States, or of this State, or in the military 
or naval service of the United States. 

§ 5. No soldier, seaman or marine in the army or navy of the United States 
shall be deemed a resident of this State in consequence of being stationed therein. 

§ 6. No person shall be elected or appointed to any office in this State, civil or 
military, who is not a citizen of the United States, and who shall not have resided 
in this State one year next preceding the election or appointment. 



CONSTITUTION OF THE STATE OF ILLINOIS. 83 

§ 7, The general assembly shall pass laws excluding from the right of suffrage 
persons convicted of infamous crimes. 

ARTICLE VIII.-EDUCATION. 

§ 1. The general assembly shall provide a thorough and efficient system of free 
schools, whereby all children of this State may receive a good common-school 
education. 

§ 2. All lands, moneys, or other property, donated, granted, or received, for 
school, college, seminary or university purposes, and the proceeds thereof, shall be 
faithfully applied to the objects for which such grants were made. 

§ 3. Neither the general assembly, nor any county, city, town, township, 
school district, or other public corporation, shall ever make any appropriation or 
pay from any public fund, whatever, anything in aid of any church or sectarian 
purpose, or to help support or sustain any school, academy, seminary, college, uni- 
versity, or other literary or scientific institution, controlled by any church or sec- 
tarian denomination whatever; nor shall any grant or donation of land, money, or 
other personal property ever be made by the State or any such public corporation, 
to any church, or for any sectarian purpose. 

§ 4. No teacher, State, county, township, or district school officer shall be in- 
terested in the sale, proceeds or profits of any book, apparatus or furniture, used 
or to be used, in any school in this State, with which such officer or teacher may be 
connected, under such penalties as may be provided by the general assembly. 

§ 5. There may be a county superintendent of schools in each county, whose 
qualifications, powers, duties, compensation, and time and manner of election, and 
term of offiee, shall be prescribed by law. 



ARTICLE IX.-REVENUE. 

§ 1. The general assembly shall provide such revenue as may be needful by 
levying a tax, by valuation, so that every person and corporation shall pay a tax in 
proportion to the value of bis, her or its property— such value to be ascertained by 
some person or persons, to be elected or appointed in such manner as the general 
assembly shall direct, and not otherwise; but the general assembly shall have 
power to tax peddlers, auctioneers, brokers, hawkers, merchants, commission mer- 
chants, showmen, jugglers, inn-keepers, grocery keepers, liquor dealers, toll 
bridges, ferries, insurance, telegraph and express interests or business, venders of 
patents, and persons or corporations owning or using franchises and privileges, in 
such manner as it shall from time to time direct by general law, uniform as to the 
class upon which it operates. 

§ 2. The specification of the objects and subjects of taxation shall not deprive 
the general assembly of the power to require other subjects or objects to be taxed 
in such manner as may be consistent with the principles of taxation fixed in this 
constitution. 

§ 3. The property of the State, counties, and other municipal corporations, 
both real and personal, and such other property as maybe used exclusively for 
agricultural and horticultural societies, for school, religious, cemetery and charit- 
able purposes, may be exempted from taxation; but such exemption shall be only 
by general law. In the assessment of real estate incumbered by public easement, 
any depreciation occasioned by such easement may be deducted in the valuation of 
such property. 

§ 4. The general assembly shall provide, in all cases where it may be necessary 
to sell real estate for the non-payment of taxes or special assessments for State, 
county, municipal or other purposes, that a return of such unpaid taxes or assess- 
ments shall be made to some general officer of the county having authority to re- 
ceive State and county taxes; and there shall be no sale of said property *<>»• any of 



84 CRAWFORD^S CIVIL GOVERNMENT. 

said taxes or assessments but by said officer, upon the order or judgment of some 
court of record. 

§ 5. The right of redemption from all sales of real estate for the non-payment 
of taxes or special assessments of any character whatever, shall exist in favor of 
owners and persons interested in such real estate for a period of not less than two 
years from such sales thereof. And the general assembly shall provide by law for 
reasonable notice to be given to the owners or parties interested, by publication or 
otherwise, of the fact of the sale of the property for such taxes or assessments, and 
when the time of redemption shall expire : Provided, that occupants shall in all 
cases be served with personal notice before the time of redemption expires. 

§ 6. The general assembly shall have no power to release or discharge any 
county, city, or township, town or district whatever, or the inhabitants thereof, or 
the property therein, from their or its proportionate share of taxes to be levied for 
State purposes, nor shall commutation for such taxes be authorized in any form 
whatsoever. 

§ 7. All taxes levied for State purposes shall be paid Into the State treasury. 

§ 8. County authorities shall never assess taxes, the aggregate of which shall 
exceed 75 cents per $ 100 valuation except for the payment of indebtedness existing 
at the adoption of this constitution, unless authorized by a vote of the people of the 
county. 

§ 9. The general assembly may vest the corporate authorities of cities, towns 
and villages with power to make local improvements by special assessment or by- 
special taxation of contiguous property, or otherwise. For all other corporate pur 
poses, all municipal corporations may be vested with authority to assess and collect 
taxes, but such taxes shall be uniform in respect to persons and property within the 
jurisdiction of the body imposing the same. 

§ 10. The general assembly shall not impose taxes upon municipal corpora . 
tions, or the inhabitants or property thereof, for corporate purposes, but shall re 
quire that all the taxable property within the limits of municipal corporations shah 
be taxed for the payment of debts contracted under authority of law, such taxes to 
be uniform in respect to persons and property within the jurisdiction of the body 
imposing the same. Private property shall not be liable to be taken or sold for the 
payment of the corporate debts of a municipal corporation. 

§ 11. No person who is in default, as collector or custodian of money or proper 
ty belonging to a municipal corporation shall be eligible to any office in or under 
such corporation. The fees, salary or compensation of no municipal officer who is 
elected or appointed for a definite term of office shall be increased or diminished 
during such term. 

§ 12. No county, city, township, school district, or othei municipal corporation 
shall be allowed to become indebted in any manner or for any purpose to an amount, 
including existing indebtedness, in the aggregate exceeding five per centum on the 
value of the taxable property therein, to be ascertained by the last assessment for 
State and county taxes previous to the incurring of such indebtedness. Any county 
city, school district, or other municipal corporation, incurring any indebtedness a* 
aforesaid, shall, before, or at the time of doing so, provide for the collection of a di 
rect annual tax sufficient to pay the interest on such debt as it falls due, and also to 
pay and discharge the principal thereof within twenty years from the time of con. 
tracting the same. This section shall not be construed to prevent any county, city 
township, school district, or other municipal corporation from issuing their bonds* 
in compliance with any vote of the people which may have been had prior to tht* 
adoption of this constitution in pursuance of any law providing therefor. 

ARTICLE X-COUNTIES. 

§ 1. No new county shall be formed or established by the general assembly 
which will reduce the county or counties, or either of them, from which it shall bt» 
taken, to less contents than 400 square miles; nor shall any county be formed of les* 



CONSTITUTION OF THE STATE OF ILLINOIS. 85 

contents: nor shall any line thereof pass within less than ten miles of any county 
seat of the county or counties proposed to he divided. 

§ 2. No county shall be divided, or have any part stricken therefrom, without 
submitting the question to a vote of the people of the county, nor unless a majority 
of all the legal voters of the county voting on the question shall vote for the same. 

§ 3. There shall be no territory stricken from any county, unless a majority of 
the voters living in such territory shall petition for such division ; and no territory 
shal I be ad ded to any county without the consent of the majority of the voters of the 
county to which it is proposed to be added. But the portion so stricken off and add- 
ed to another county, or formed in whole or in part into a new county, shall be hold- 
en for, and obliged to pay, its proportion of the indebtedness of the county from 
which it has been taken. 

COUNTY SEATS. 

§ 4. No county seat shall be removed until the point to which it is proposed to 
be removed shall be fixed in pursuance of law, and three-fifths of the voters of the 
county, to be ascertained in such manner as shall be provided by general law, shall 
have voted in favor of its removal to such point; and no person shall vote on such 
question who has not resided in the county six months, and in the election precinct 
ninety days next preceding such election. The question ol the removal of a county 
seat shall not be oftener submitted than once in ten years to a vote of the people. 
But when an attempt is made to remove a county seat to a point nearer to the centre 
of a county, then a majority vote only shall be necessary. 

COUNTY GOVERNMENT. 

§ 5. The general assembly shall provide, by general law, for township organiz- 
ation, under which any county may organize whenever a majority of the legal vot- 
ers of such county, voting at any general election, shall so determine and whenever 
any county shall adopt township organization, so much of this constitution as pro- 
vides for the management of the fiscal concerns of the said county by the board of 
county commissioners, may be dispensed with, and the affairs of said county may 
be transacted in such a manner as the general assembly may provide. And in any 
county that shall have adopted a township organization, the question of continuing 
the same may be submitted to a vote of the electors of such county at a general 
election, in the manner that now is or may be provided by law; and if a majority of 
all the votes cast upon that question shall be against township organization, then 
such organization shall cease in said county; and all laws in force in relation to 
counties not having township organization shall immediately take effect and be in 
force in such county. No two townships shall have the same name, and the day of 
holding the annual township meeting shall be uniform throughout the State. 

§ 6. At the first electiou of county judges under this constitution, there shall be 
elected in each of the counties in this State, not under township organization, three 
officers, who shall be styled M The Board of County Commissioners," who shall hold 
sessions lor the transaction of county business as shall be provided by law. One of 
said commissioners shall hold his office for one year, one for two years, and one for 
three years, to be determined by lot; and every year thereafter one such officer shall 
be elected in each of said counties for the term of three years. 

§ 7. The county affairs of Cook county shall be managed by a board of commis- 
sioners of fifteen persons, ten of whom shall be elected from the city of Chicago 
and five from towns outside of said city, in such manner as may be provided by law 

COUNTY OFFICERS AND THEIR COMPENSATION. 

* § 8. In each county there shall be elected the following county officers, at the 
general election to be held on the Tuesday after the first Monday in November A.D. 
1882: A county judge, county clerk, sheriff and treasurer; and at the election to be 
held on the Tuesday after the first Monday in November A,D. 1884, a coroner and 

* Note.— Sec. 8 is an amendment adopted Nov. 2, 1880. 



86 CRAWFORD'S CIVIL GOVERNMENT. 

clerk of the circuit court (who may be ex-officio recorder of deeds, except in coun- 
ties having 60,000 or more inhabitants, in which counties a recorder of deeds shall 
be elected at the general election in 1884). Each of said officers shall enter upon 
the duties of his office respectively on tbe first Monday of December after his elec- 
tion, and they shall hold their respective offices for the term of four years and until 
their successors are elected and qualified; Provided, That no person having once 
been elected to the office of sheriff or treasurer, shall be eligible to re-election to said 
office for four years after the expiration of the term for which he shail have been 
elected. 

§ 9. The clerks of all the courts of record, the treasurer, sheriff, coroner and 
recorder of deeds of Cook county, shall receive as their only compensation for their 
services, salaries to be fixed by law, which shall in no case be as much as the lawful 
compensation of a judge of the circuit court of said county, and shall be paid 
respectively, only out of the fees of the office actually collected. All fees, perqui- 
sites, and emoluments (above the amount of said salaries) shall be paid into the 
county treasury. The number of the deputies and assistants of such officers shall be 
determined by rule of the circuit court, to be entered of record, and their compen- 
sation shall be determined by the county board. 

§ 10. The county board, except as provided in § 9 of this article, shall fix the 
compensation of all county officers, with the amount of their necessary clerk hire, 
stationery, fuel, and other expenses, and in all cases where fees are provided for, 
said compensation shall be paid only out of, and shall in no instance exceed, the 
fees actually collected; they shall not allow either of them more per annum than 
$1,500 in counties not exceeding 20,000 inhabitants; $2,000 in counties containing 
20,000 and not exceeding 30,000 inhabitants; $2,500 in counties containing 30,000 
and not exceeding 50,000 inhabitants; $3,000 in counties containing 50,000 and not 
exceeding 70,000 inhabitants; $3,500 in counties containing 70,000 and not exceed- 
ing 100,000 inhabitants; and $4,000 in counties containing over 100,000 and not 
exceeding 250,000 inhabitants; and not more than $1,000 additional compensation 
for each additional 100,000 inhabitants: Provided, that the compensation of no 
officer sball be increased or diminished during his term of office. All fees or allow- 
ances by them received, in excess of their said compensation, shall be paid into the 
county treasury. 

§ 11. The fees of township officers, and of each class of county officers, shall be 
uniform in the class of counties to which they respectively belong. The compensa- 
tion herein provided for shall apply only to officers hereafter elected, but all fees 
established by special laws shall cease at the adoption of this constitution, and such 
officers shall receive only such fees as are provided by general law. 

§ 12. All laws fixing the fees of State, county and township officers, shall 
terminate with the terms, respectively, of those who may be in office at the meeting 
of the first general assembly after the adoption of this constitution; and the gen- 
eral assembly shall, by general law, uniform in its operation, provide for and regu- 
late the fees of said officers and their successors, so as to reduce the same to a rea- 
sonable compensation for services actually rendered. But the general assembly 
may, by general law, classify the counties by population into not more than three 
classes, and regulate the fees accorning to class. This article shall not be construed 
as depriving the general assembly of the power to reduce the fees of existing 
officers. 

§ 13. Every person who is elected or appointed to any office in this State, who 
shall be paid in whole or in part by fees, shall be required by law to make a semi- 
annual report, under oath, to some officer to be designated by law, of all his fees and 
emoluments. 

ARTICLE XL— CORPORATIONS. 

§ 1. No corporation shall be created by special laws, or its charter extended, 
changed or amended, except those for charitable, educational, penal, or reforma- 
tory purposes, which are to be and remain under the patronage and control of the 



CONSTITUTION OF THE STATE OF ILLINOIS. 87 

State, but the general assembly shall provide, by general laws, for the organization 
of all corporations hereafter to be created. 

§ 2. All existing charters or grants of special or exclusive privileges, under 
which organization shall not have taken place, or which shall not have been in op- 
eration within ten days from the time this constitution takes effect, shall thereafter 
have no validity or effect whatever. 

§ 3. The general assembly shall provide, by law, that in all elections for direct- 
ors or managers of incorporated companies, every stockholder shall have the right 
to vote, in person or by proxy, for the number of shares of stock owned by him, for 
as many persons as there are directors or managers to be elected, or to cumulate 
said shares, and give one candidate as many votes as the number of directors multi- 
plied by the number of his shares of stock shall equal, or to distribute them on the 
same principle among as many candidates as he shall think fit; and such directors 
or managers shall not be elected in any other manner. 

§ 4. No law shall be passed by the general assembly granting the right to con- 
struct and operate a street railroad within any city, town, or incorporated village, 
without requiring the consent of the local authorities having the control of the 
street or highway proposed to be occupied by such street railroad. 

BANKS. 

§ 5. No State bank shall hereafter be created, nor shall the State own or be 
liable for any stock in any corporation or joint stock company or association for 
banking purposes, now created, or to be hereafter created. No act of the general 
assembly authorizing or creating corporations or associations, with banking pow- 
ers, whether of issue, deposit or discount, nor amendments thereto, shall go into 
effect, or in any manner be in force, unless the same shall be submitted to a vote of 
the people at the general election next succeeding the passage of the same, and 
be approved by a majority of all the votes cast at such election for or against such 
law. 

§ 6. Every stockholder in a banking corporation or institution shall be individ- 
ually responsible and liable to its creditors, over and above the amount of stock by 
him or her held, to an amount equal to his or her respective shares so held, for all 
its liabilities accruing while he or she remains such stockholder. 

§ 7. The suspension of specie payments by banking institutions, on their circu- 
lation, created by the laws of this State, shall never beipermitted or sanctioned. 
Every banking association now, or which may hereafter be, organized under the 
laws of this State, shall make and publish a full and accurate quarterly statement 
of its affairs (which shall be certified to, under oath, by one or more of its officers) 
as may be provided by law. 

§ 8. If a general banking law shall be enacted, it shall provide for the registry 
and countersigning, by an officer of state, of all bills or paper credit, designed to 
circulate as moneys, and require security, to the full amount thereof, to be deposited 
with the State treasurer, in United States or Illinois State stocks, to be rated at ten 
per cent, below their par value; and in case of a depreciation of said stocks to the 
amount of ten per cent, below par, the bank or banks owning said stocks shall be 
required to make up said deficiency by depositing additional stocks. And said law 
shall also provide for the recording of the names of all stockholders in such corpo- 
rations, the amount of stock held by each, the time of any transfer thereof, and to 
whom such transfer is made. 

RAILROADS. 

§ 9. Every railroad corporation organized or doing business in this State, under 
the laws or authority thereof shall have and maintain a public office or place in this 
State for the transaction of its business, where transfers of stock shall be made, 
and in which shall be kept, for public inspection, books, in which shall be recorded 
the amount of capital stock subscribed, and by whom; the names of the owners of 
its stock, and the amounts owned by them, respectively; the amount of stock paid 



88 Crawford's civil government. 

in, and by whom; the transfers of said stock; the amount of its assets and liabilities, 
and the names and place of residence of its officers. The directors of every railroad 
corporation shall, annually, make a report, under oath, to the auditor of public ac- 
counts, or some officer to be designated by law, of all their acts and doings, which 
report shall include such matters relating to railroads as may be prescribed by law. 
And the general assembly shall pass laws enforcing, by suitable penalties, the pro- 
visions of this section. 

§ 10. The rolling stock, and all other movable property belonging to any rail- 
road company or corporation in this State, shall be considered personal property, 
and shall be liable to execution and sale in the same manner as the personal prop- 
erty of individuals, and the general assembly shall pass no law exempting any such 
property from execution and sale. 

§ 11. No railroad corporation shall consolidate its stock, property or franchises 
with any other railroad corporation owning a parallel or competing line; and in no 
case shall any consolidation take place except upon public notice given, of at least 
sixty days, to all stockholders, in such manner as may be provided by law. A ma- 
jority of the directors of any railroad corporation, now incorporated or hereafter 
to be incorporated by the laws of this State, shall be citizens and residents of this 
State. 

§ 12. Railways heretofore constructed, or that may hereafter be constructed in 
this State, are hereby declared public highways, and shall be free to all persons for 
the transportation of their persons and property thereon, under such regulations as 
may be prescribed by law. And the general assembly shall, from time to time, pass 
laws establishing reasonable maximum rates of charges for the transportation of 
passengers and freight on the different railroads in this State. 

§ 13. No railroad corporation shall issue any stock or bonds, except for money, 
labor or property actually received, and applied to the purposes for which such cor- 
poration was created; and all stock dividends, and other fictitious increase of the 
capital stock or indebtedness of any such corporation, shall be void. The capital 
stock of no railroad corporation shall be increased for any purpose, except upon 
giving sixty days' public notice, in such manner as may be provided by law. 

§ 14. The exercise of the power, and the right of eminent domain shall never be 
so construed or abridged as to prevent the taking by the general assembly, of the 
property and franchises of incorporated companies already organized, and subject- 
ing them to the public necessity the same as of individuals. The rignt of trial by 
jury shall beheld inviolate in all trials of claims for compensation, when, in the ex- 
ercise of the said right of eminent domain, any incorporated company shall be in- 
terested either for or against the exercise of said right. 

§ 15, The general assembly shall pass laws to correct abuses and prevent unjust 
discrimination and extortion in the rates of freight and passenger tariffs on the 
different railroads in this State, and enforce such laws, by adequate penalties, to 
the extent, if necessary for that purpose, of forfeiture of their property and fran- 
chises. 

ARTICLE XII.— MILITIA. 

§ 1. The militia of the State of Illinois shall consist of all able-bodied male 
persons, resident in the State, between the ages of eighteen and forty-five, except 
s uch persons as now are, or hereafter may be, exempted by the laws of the United 
States, or of /this State. 

§ 2. The general assembly, in providing for the organization, equipment and 
discipline of the militia, shall conform as nearly as practicable to the regulations for 
the government of the armies of the United States. 

§ 3. All militia officers shall be commissioned by the governor, and may hold 
their commissions for such time as the general assembly may provide. 

§ 4. The militia shall, in all cases, except treason, felony or breach of the peace, 
be privileged from arrest during their attendance at musters and elections, and in 
going to and returning from the same. 



CONSTITUTION OF THE STATE OF ILLINOIS. 89 

§ 5. The military records, banners and relics of the State shall be preserved as 
an enduring memorial of the patriotism and valor of Illinois, and it shall be the 
duty of the general assembly to provide by law for the safe keeping of the same. 

§ (j. No person having conscientious scruples against bearing arms shall be 
compelled to do military duty in time of peace: Provided, such person shall pay an 
equivalent for such exemption. 

ARTICLE XIIL-WAREHOUSES. 

§ 1. All elevators or storehouses where grain or other property is stored for 
compensation, whether the property stored be kept separate or not, are declared to 
be public warehouses. 

§ 2. The owner, lessee or manager of each and every public warehouse situated 
in any town or city of not less than 100,000 inhabitants, shall make weekly state- 
ments, under oath, before some officer to be designated by law, and keep the same 
posted in some conspicuous place in the office of such warehouse, and shall also file 
a copy for public examination in such place as shall be designated by law, which 
statement shall correctly set forth the amount and grade of each and every kind of 
grain in such warehouse, together with such other property as may be stored therein, 
and what warehouse receipts have been issued, and are, at the time of making such 
statement, outstanding therefor; and shall, on the copy posted in the warehouse, 
note daily such changes as may be made in the quantity and grade of grain in such 
warehouse; and the different grades of grain shipped in separate lots shall not be 
mixed with inferior or superior grades without the consent of the owner or con- 
signee thereof. 

§ 3. The owners of property stored in any warehouse, or holder of a receipt for 
same, shall always be at liberty to examine such property stored, and all the books 
and records of the warehouse in regard to such property. 

§ 4. All railroad companies and other common carriers on railroads shall weigh 
or measure grain at points where it is shipped, and receipt for the full amount, and 
shall be responsible for the delivery of such amount to the owner or consignee 
thereof at the place of destination. 

§ 5. All railroad companies receiving and transporting grain, in bulk or other- 
wise, shall deliver the same to any consignee thereof, or any eleva or or public 
warehouse to which it may be consigned, provided such consignee, or the elevator 
or public warehouse, can be reached by any track owned, leased or used, or which 
can be used, by such railroad companies; and all railroad companies shall permit 
connections to be made with their track, so that any such consignee, and any public 
warehouse, coal bank or coal yard, may be reached by the cars on said rail- 
road. 

§ 6. It shall be the duty of the general assembly to pass all necessary laws to 
prevent the issue of false and fraudulent warehouse receipts, and to give full effect 
to this article of the constitution, which shall be liberally construed so as to protect 
producers and shippers And the enumeration of the remedies herein named shall 
not be construed to deny to the general assembly the power to prescribe by law such 
other and further remedies as may be found expedient, or to deprive any person of 
existing common law remedies. 

§ 7. The general assembly shall pass laws for the inspection of grain, for the 
protection of producers, shippers and receivers of grain and produce. 

ARTICLE XL— AMENDMENTS TO THE CONSTITUTION. 

§ 1. Whenever two-thirds of the members of each house of the general assembly 
shall, by a vote entered upon the journals thereof, concur that a convention is nec- 
essary to revise, alter or amend the constitution, the question shall be submitted to 
the electors at the next general election. If a majority voting at the election vote 
for a convention, the general assembly shall, at the next session, provide for a con- 
Tention, to consist of double the number of members of the senate, to be elected in 



90 Crawford's civil governmemt. 

the same manner, at the same places, and in the same districts. The general assem- 
bly shall, in the act calling the convention, designate the day, hour, and place of 
its meeting, fix the pay of its members and officers, and provide for the payment of 
the same, together with expenses necessarily incurred by the convention in the 
performance of its duties. Before proceeding, the members shall take an oath to 
support the coMStitution of the United States, and of the State of Illinois, and to 
faithfully discharge their duties as members of the convention. The qualification 
of members shall be the same as that of members of the senate, and vacancies occur- 
ring shall be filled in the manner provided for filling vacancies in the general assem- 
bly. Said convention shall meet within three months after such election, and pre- 
pare such revision, alteration or amendments of the constitution as shall be deemed 
necessary, which shall be submitted to the electors for their ratification or rejec- 
tion, at an election appointed by the convention for that purpose, not less than two 
nor more than six months after the adjournment thereof; and unless so submitted 
and approved by a majority of the electors voting at the election, no such revision, 
alterations or amendments shall take effect. 

§ 2. Amendments to this constitution may be proposed in either house of the 
general assembly, and if the same shall be voted for by two-thirds of all the mem- 
bers elected to each of the two houses, such proposed amendments, together with 
the yeas and nays of each house thereon, shall be entered in full on their respective 
journals, and said amendments shall be submitted to the electors of this State for 
adoption or rejection, at the next election of members of the general assembly, in 
such manner as may be prescribed bylaw. The proposed amendments shall be 
published in full at least three months preceding the election, and if a majority of 
the electors voting at said election shall vote for the proposed amendments, they 
shall become a part of this constitution. But the general assembly shall have no 
power to propose amendments to more than one article of this constitution at the 
same session, nor to the same article oftener than once in four years. 

SEPARATE SECTIONS. 

No contract, obligation, or liability whatever, of the Illinois Central Railroad 
Company, to pay any money into the State treasury, nor any lien of the State upon, 
or right to tax property of said company, in accordance with the provisions of the 
charter of said company, approved February 10, in the year of our Lord 1851, shall 
ever be released, suspended, modified, altered, remitted, or in any manner dimin- 
ished or impaired by legislative or other authority; and all moneys derived from 
said company, after the payment of the State debt, shall be appropriated and set 
apart for the payment of the ordinary expenses of the State government, and for no 
other purposes whatever. 

MUNICIPAL SUBSCRIPTIONS TO RAILROADS OR PRIVATE CORPORA- 
TIONS. 

No county, city, town, township, or other municipality, shall ever become sub- 
scriber to the capital stock of any railroad or private corporation, or make dona- 
tion to or loan its credit in aid of such corporation: Provided, however, that the 
adoption of this article shall net be construed as affecting the right of any such 
municipality to make such subscriptions where the same have been authorized, 
under existing laws, by a vote of the people of such municipalities prior to such 
adoption. 

CANAL. 

The Illinois and Michigan Canal shall never be sold or leased until the specific 
proposition for the sale or lease thereof shall first have been submitted to a vote of 
the people of the State at a general election, and have been approved by a majority 
of all the votes polled at such election. The general assembly shall never loan the 
credit of the State, or make appropriations from the treasury thereof, in aid of rail- 



CONSTITUTION OF THE STATE OF ILLINOIS. 91 

roads or canals: Provided, that any surplus earnings of any canal may be appro- 
priated for its enlargement or extension. 

SCHEDULE. 

That no inconvenience may arise from the alterations and amendments made in 
the constitution of this State, and to carry the same into complete effect, it is hereby 
ordained and declared: 

§ 1. That all laws in force at the adoption of this constitution not inconsistent 
therewi h, and all rights, actions, prosecutions, claims, and contracts of this State, 
individuals, or bodies corporate, shall continue to be as valid as if this constitution 
had not been adopted. 

§ 2. That all fines, taxes, penalties and forfeitures, due and owing to the State of 
Illinois under the present constitution and laws, shall inure to the use of the people 
of the State of Illinois, under this constitution. 

§ 3. Recognizances, bonds, obligation, and all other instruments entered into 
or executed before the adoption of this constitution, to the people of the State 
of Illinois, to any State or county officer or public body, shall remain binding and 
valid; and rights and liabilities upon the same shall continue, and all crimes and 
misdemeanors shall be tried and punished as though no change had been made in 
the constitution of this State. 

§ 4. County courts for the transaction of county business in counties not having 
adopted township organization, shall continue in existence and exercise their pres- 
ent jurisdiction until the board of county commissioners provided in this constitu- 
tion is organized in pursuance of an act of the general assembly; and the county 
courts in all other counties shall have the same power and jurisdiction they now 
possess until otherwise provided by general law. 

§ 5. All existing courts which are not in this constitution specifically enumer- 
ated, shall continue in existence and exercise their present jurisdiction until 
otherwise provided by law. 

§ 6. All persons now filling any office or appointment shall continue in the 
exercise of the duties thereof according to their respective commissions or ap- 
pointments, unless by this constitution it is otherwise directed. 

§ 7. On the day this constitution is submitted to the people for ratification, an 
election shall be held for judges of the supreme court, in the second, third, sixth 
and seventh judicial election districts, designated in this constitution, and for the 
election of three judges of the circuit court in the county of Cook, as provided for 
in the article of this constitution relating to the judiciary; at which election every 
person entitled to vote, according to the terms of this constitution, shall be allowed 
to vote, and the election shall be otherwise conducted, returns made and certificates 
issued, in accordance with existing laws, except that no registry shall be required 
at said election; Provided, that at said election in the county of Cook no elector shall 
vote for more than two candidates for circuit judge. If, upon canvassing the votes 
for and against the adoption of this constitution, it shall appear that here has been 
polled a greater number against than for it, then no certificates of election shall be 
issued for any of said supreme or circuit judges. 

§ 8. This constitution shall be submitted to the people of the State of Illinois for 
adoption or rejection, at an election to be held on the first Saturday in Juiy, A. D. 
1870, and there shall be separately submitted at the same time, for adoption or 
rejection: 

Sections nine, ten, eleven, twelve, thirteen, fourteen and fifteen, relating to rail- 
roads, in the article entitled corporations; 

The article entitled counties; 

The article entitled warehouses; 

The question of requiring three-fifths vote to remove a county seat; 

The section relating to the Illinois Central railroad; 

The section relating to minority representation; 

The section relating to municipal subscriptions to railroads or private corpora- 
tions, and 



92 Crawford's civil government. 

The section relating to the canal. 

Every person entitled to vote under the provisions of this constitution, as de- 
fined in the article in relation to "suffrage," shall be entitled to vote for the adoption 
or rejection of this constitution, and for or against the articles, sections and ques- 
tions aforesaid, separately submitted; and the said qualified electors shall vote at 
the usual places of voting, unless otherwise provided, and the said elections shall 
be conducted, and returns thereof made, according to the laws now in force re- 
gulating general elections, except that no registry shall be required at said election; 
Provided, however, that the polls shall be kept open for the reception of ballots 
until sunset of said day of election. 

§ 9. The Secretary of State shall, at least twenty days before said election, cause 
to be delivered to the county clerk of each county, blank poll-books, tally-lists and 
forms of return and twice the number of properly prepared printed ballots for the 
said election that there are voters in such county, the expense whereof shall be 
audited and paid as other public printing ordered by the Secretary of State is, by 
law, required to be audited and paid; and the several county clerks shall, at least 
five days before said election, cause to be distributed to the board of election, in each 
election district, in their respective counties, said blank poll-books, tally-lists, forms 
of return, and tickets. 

§ 10. At the said election the ballots shall be in the following form: 

NEW CONSTITUTION TICKET. 

For all the propositions on this ticket which are not canceled with ink or pen- 
cil; and against all propositions which are so canceled. 

For the new constitution. 

For the sections relating to railroads in the article entitled corporations. 

For the article entitled counties. 

For the article entitled warehouses. 

For a three-fifths vote to remove county seats. 

For the sections relating to the Illinois Central railroad. 

For the section relating to minority representation. 

For the section relating to municipal subscriptions to railroads or private cor- 
porations. 

For the section relating to the canal. 

Each of said tickets shall be counted as a vote cast for each proposition thereon 
not canceled with ink or pencil, and against each proposition so canceled, and 
returns thereof shall be made accordingly by the judges of election. 

§11. The returns of the whole vote cast, and of the votes for the adoption or 
rejection of this Constitution, and for or against the articles and sections respective- 
ly submitted, shall be made by the several county clerks, as is now provided by law, 
to the Secretary of State, within twenty days after the election; and the returns of 
the said votes shall, within five days thereafter, be examined and canvassed by the 
Auditor, Treasurer and Secretary of State, or any two of them, in the presence of 
the Governor, and proclamation shall be made by the Governor, forthwith, of the 
result of the canvass. 

§ 12. If it shall appear that a majority of the votes polled are "for the new Con- 
stitution," then so much of this Constitution as was not separately submitted to be 
voted on by articles and sections shall be the supreme law of the State of Illinois, 
on and after Monday, the 8th day of August, A. D. 1870 ; but if it shall appear that 
a majority of the votes polled were "against the new Constitution," then so much 
thereof as was not separately submitted to be voted on by articles and sections shall 
be null and void. If it shall appear that a majority of the votes polled are "for the 
sections relating to railroads, in the article entitled 'corporations,'" sections nine, 
ten, eleven, twelve, thirteen, fourteen and fifteen, relating to railroads in the said 
article, shall be apart of the Constitution of this State; but if a majority of said 
votes are against such sections, they shall be null and void. If a majority of the 
Totes polled are "for the article entitled 'counties,'" such article shall be a part of 



CONSTITUTION OF THE STATE OF ILLINOIS. 93 

the Constitution of this State, and shall be substituted for article seven in the 
present Constitution, entitled "counties;" but if a majority of said votes are against 
such article, the same shall be null and void. If a majority of the votes polled are 
for the article entitled " warehouses," such article shall be a part of the Constitution 
of this State; but if a majority of the votes are against said article, the same shall 
be null and void. If a majority of the votes polled are for either of the sections 
separately submitted relating respectively to the "Illinois Central railroad," 
"minority representation," "municipal subscriptions to railroads or private 
corporations," and the "canal," then such of said sections as shall receive such 
majority shall be a part of the Constitution of this State; but each of said sections 
so separately submitted, against which, respectively, there shall be a majority of 
the votes polled, shall be null and void: Provided, that the section relating to " mi- 
nority representation" shall not be declared adopted unless the portion of the Con- 
stitution not separately submitted to be voted on by articles and sections shall be 
adopted; and in case said section relating to "minority representation" shall be- 
come a portion of the Constitution, it shall be substituted for sections seven and 
eight of the legislative articles. If a majority of the votes cast at such election 
shall be for a three-fifths vote to remove a county seat, then the words " a ma- 
jority" shall be stricken out of section four of the article on counties, and the words 
"three-fifths "shall be inserted in lieu thereof; and the following words shall be 
added to said section, to-wif. "But when an attempt is made to remove a county 
seat to a point nearer to the centre of a county, then a majority vote only shall be 
necessary." If the foregoing proposition shall not receive a majority of the votes 
as aforesaid, then the same shall have no effect whatever. 

§ 13. Immediately after the adoption of this Constitution, the Governor and 
Secretary of State shall proceed to ascertain and fix the apportionment of the State 
for members of the first house of Representatives under this Constitution. The ap- 
portionment shall be based upon the federal census of the year A. D. 1870, of the 
State of Illinois, and shall be made strictly in accordance with the rules and princi- 
ples announced in the article on the legislative department of this Constitution : 
Provided, that in case the federal census aforesaid cannot be ascertained prior to 
Friday, the 23d day of September, A. D. 1870, then the said apportionment shall be 
based upon the State census of the year A. D. 1865, in accordance with the rules and 
principles aforesaid. The Governor shall, on or before Wednesday, the 28th day of 
September, A. D. 1870, make official announcement of the said apportionment, 
under the great seal of the State, and one hundred copies thereof, duly certified, 
shall be forthwith transmitted by the Secretary of State to each county clerk for dis- 
tribution. 

§ 14. The districts shall be regularly numbered by the Secretary of State, com- 
mencing with Alexander County as N -. 1, and proceeding thence northwardly 
through the State, and terminating with the county of Cook; but no county shall be 
numbered as more than one district, except the county of Cook, which shall consti- 
tute three districts, each embracing the territory contained in the now existing rep- 
resentative districts of said county. And on the Tuesday after the first Monday in 
November, A. D. 1870, the members of the first house of representatives under this 
Constitution shall be elected according to the apportionment fixed and announced 
as aforesaid, and shall hold their offices for two years, and until their successors 
shall be elected and qualified. 

§ 15. The senate, at its first session under this Constitution, shall consist of fifty 
members, to be chosen as follows : At the general election held on the first Tuesday 
after the first Monday of November, A. D. 1870, two senators shall be elected in dis- 
tricts where term of senators expire on the first Monday of January, A. D. 1871, or 
where there shall be a vacancy, and in the remaining districts one senator shall be 
elected. Senators so elected shall hold their office for two years. 

§ 16. The general assembly, at its first session held after the adoption of this 
Constitution, shall proceed to apportion the State for members of the senate and 



94 Crawford's civil government. 

house of representatives, in accordance with the provisions of the article on the leg- 
islative department. 

§ 17. When this Constitution shall be ratified by the people, the governor shall 
forthwith, after having ascertained the fact, issue writs of election to the sheriffs of 
the several counties of this State, or in case of vacancies, to the coroners, for tbe 
election of all the officers, the time of whose election i s fixed by this constitution or 
schedule, and it shall be the duty of said sheriffs or coroners to give such notice of 
the time and place of said election as is now prescribed by law. 

§ 18. All laws of the State of Illinois, and all official writings, and the executive, 
legislative and judicial proceedings, shall be conducted, preserved and published in 
no other than the English language. 

§ 19. The general assembly shall pass all laws necessary to carry into effect the 
provisions of this Constitution. 

§ 20. The circuit clerks of the different counties having a population over sixty 
thousand, shall continue to be recorders (ex officio) for their respective counties 
under this Constitution, until the expiration of their respective terms. 

§ 21. The judges of all courts of record in Cook county shall, in lieu of any sal- 
ary provided for in this Constitution, receive the compensation now provided by 
law until the adjournment of the first session of the general assembly after the adop- 
tion of this Constitution. 

§ 22. The present judge of the circuit court of Cook county shall continue to 
hold tbe circuit court of Lake county until otherwise provided by law. 

§ 23. When this Constitution shall be adopted, and take effect as the supreme 
law of the State of Illinois, the two-mill tax provided to be annually assessed and 
collected upon each dollar's worth of taxable property in addition to all other taxes, 
as set forth in article fifteen of the now existing Constitution, shall cease to be as- 
sessed after the year of our Lord one thousand eight hundred and seventy. 

§ 24. Nothing contained in this Constitution shall be so construed as to deprive 
the general assembly of power to authorize the city of Quincy to create any indebt- 
edness for railroad or municipal purposes, for which the people of said city shall 
have voted, and to which they shall have given, oy such vote, their assent, prior to 
the thirteenth day of December, in the year of our Lord one thousand eight hun- 
dred and sixty-nine: Provided, that no such indebtedness so created shall in any 
part thereof be paid by the State, or from any State revenue, tax or fund, but the 
same shall be paid, if at all, by the said city of Quincy alone, and by taxes levied 
upon the taxable property thereof : And provided further, that the general assem- 
bly shall have no power in the premises that it could not exercise under the present 
Constitution of this State. 

§ 25. Iu case this Constitution and the articles and sections submitted sepa- 
rately be adopted, tbe existing Constitution shall cease in all its provisions ; and in 
case this Constitution be adopted, and any one or more of tbe articles or sections 
submitted separately be defeated, the provisions of the existing Constitution (if 
any) on the same subject shall remain in force. 

§ 26. The provisions of this Constitution required to be executed prior to the 
adoption or rejection thereof shall take effect and be in force immediately. 

Done in convention at the capitol, in the city of Springfield, on the thirteenth 
day of May, in the year of our Lord one thousand eight hundred and seventy, and 
of the independence of the United States of America the ninety-fourth. 

The Following Amendment to Sec. 31> Art. 4, was Adopted in 1878: 
The General Assembly may pass laws permitting the owners of lands to con- 
struct drains, ditches and levees for agricultural, sanitary, or mining purposes, 
across the lands of others, and provide for the organization of drainage districts, 
and vest the corporate authorities thereof with power to construct and maintain 
levees, drains and ditches, and to keep in repair all drains, ditches, and levees here- 
tofore constructed under the laws of this State, by special assessments upon the 
property benefited thereby. 



CONSTITUTION OF THE UNITED STATES. 



[Went into operation on the first Wednesday in March, 1789. J 

PREAMBLE. 

We, the people of the United States, in order to form a more perfect union, 

establish justice, insure domestic tranquillity, provide for the common defense, 

promote the general welfare, and secure the blessings of liberty to ourselves and 

our posterity, do ordain and establish this Constitution for the United States of 

America. 

ARTICLE I. 

OP THE LEGISLATIVE POWER. 

Section 1. All legislative powers herein granted shall be vested in a Congress 
of the United States, which shall consist of a Senate and House of Representatives. 

OP THE HOUSE OP REPRESENTATIVES. 

Sec. 2. The House of Representatives shall be composed of members chosen 
every second year by the people of the several States, and the electors in each State 
shall have the qualifications requisite for electors of the most numerous branch of 
the State Legislature. 

No person shall be a Representative who shall not have attained to the age of 
twenty-five years, and been seven years a citizen of the United States, and who shall 
not, when elected, be an inhabitant of that State in which he shall be chosen. 

Representatives and direct taxes shall be apportioned among the several States 
which may be included within this Union, according to their respective numbers, 
which shall be determined by adding to the whole number of free persons, including 
those bound to service for a term of years, and excluding Indians not taxed, three- 
fifths of all other persons. The actual enumeration shall be made within three 
years after the first meeting of the Congress of the United States, and within every 
subsequent term of ten years, in such manner as they shall by law direct. The 
number of Representatives shall not exceed one for every thirty thousand, but each 
State shall have at least one Representative; and, until such enumeration shall be 
made, the State of New Hampshire shall be entitled to choose three, Massachusetts 
eight, Rhode Island and Providence Plantations one, Connecticut five, New York 
six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia 
ten, North Carolina five, South Carolina five, and Georgia three. 

When vacancies happen in the representation from any State, the executive 
authority thereof shall issue writs of election to fill such vacancies. 

The House of Representatives shall choose their speaker and other officers; and 
shall have the sole power of impeachment. 

op the senate. 

Sec. 3. The Senate of the United States shall be composed of two Senators from 
each State, chosen by the Legislature thereof, for six years; and each Senator shall 
have one vote. 

Immediately after they shall be assembled in consequence of the first election, 
they shall be divided as equally as may be into three classes. The seats of the Sen- 
ators of the first class shall be vacated at the expiration of the second year, of the 
second class at the expiration of the fourth year, and of the third class at the expi- 
ration of the sixth year, so that one-third may be chosen every second year; and if 
vacancies happen by resignation, or otherwise, during the recess of the Legislature 
of any State, the executive thereof may make temporary appointments until the 
next meeting of the Legislature, which shall then fill such vacancies. 



96 Crawford's civil government. 

No person shall be a Senator who shall not have attained to the age of thirty 
years, and been nine years a citizen of the United States, and who shall not, when 
elected, be an inhabitant of that State for which he shall be chosen. 

The Vice-President of the United States shall be President of the Senate, but 
shall have no vote, unless they shall be equally divided. 

The Senate shall choose their other officers, and shall have a President pro tempore, 
in the absence of the Vice-President, or when he shall exercise the office of Presi- 
dent of the United States. 

The Senate shall have the sole power to try all impeachments. When sitting for 
that purpose, they shall be on oath or affirmation. When the President of the United 
States is tried, the Chief Justice shall preside; and no person shall be convicted 
without the concurrence of two-thirds of the members present. 

Judgment in cases of impeachment shall not extend further than to removal 
from office, and disqualification to hold and enjoy any office of honor, trust or profit, 
under the United States; but the party convicted shall nevertheless be liable and 
subject to indictment, trial, judgment and punishment according to law. 

MANNER OF ELECTING MEMBERS. 

Sec. 4. Ths times, places and manner of holding elections for Senators and 
Representatives, shall be prescribed in each State by the Legislature thereof; but 
the Congress may at any time, by law, make or alter such regulations, except as to 
the places of choosing Senators. 

CONGRESS TO ASSEMBLE ANNUALLY. 

The Congress shall assemble at least once in every year, and such meeting shall 
be on the first Monday in December, unless they shall by law appoint a different day. 

POWERS. 

Sec. 5. Each house shall be the judge of the elections, returns and qualifications 
of its own members, and a majority of each shall constitute a quorum to do busi- 
ness; but a smaller number may adjourn from day to day, and may be authorized 
to compel the attendance of absent members, in such manner, and under such 
penalties, as each house may provide. 

Each house may determine the rules of its proceedings, punish its members for 
disorderly behavior, and, with the concurrence of two-thirds, expel a member. 

Each house shall keep a journal of its proceedings, and from time to time publish 
the same, excepting such parts as may, in their judgment, require secrecy; and the 
yeas and nays of the members of either house on any question shall, at the desire of 
one-fifth of those present, be entered on the journal. 

Neither house, during the session of Congress, shall, without the consent of the 
other, adjourn for more than three days, nor to any other place than that in which 
the two houses shall be sitting. 

COMPENSATION, ETC., OP MEMBERS. 

Sec. 6. The Senators and Representatives shall receive a compensation for their 
services, to be ascertained by law, and paid out of the Treasury of the United States. 
They shall in all cases, except treason, felony and breach of the peace, be privileged 
from arrest during their attendance at the session of their respective houses, and in 
going to and returning from the same ; and for any speech or debate in either house, 
they shall not be questioned in any other place. 

No Senator or Representative shall, during the time for which he was elected, be 
appointed to any civil office under the authority of the United States, which shall 
have been created, or the emoluments whereof shall have been increased during 
such time; and no person holding any office under the United States, shall be a 
member of either house during his continuance in office. 

MANNER OF PASSING BILLS, ETC. 

Sec. 7. All bills for raising revenue shall originate in the House of Representa- 
tives; but the Senate may propose or concur with amendments as on other bills. 

Every bill which shall have passed the House of Representatives and the Senate, 
shall, before it becomes a law, be presented to the President of the United States; 
if he approve he shall sign it, but if not he shall return it, with his objections, to 



CONSTITUTION OF THE UNITED STATES. 97 

that house in which it shall have originated, who shall enter the objections at large 
on their journal, and proceed to reconsider it. If, after such reconsideration, two- 
thirds of that house shall agree to pass the bill, it shall be sent, together with the 
objections, to the other house, by which it shall likewise be reconsidered, and if 
approved by two-thirds of that house, it shall become a law. But in all such cases 
the votes of both houses shall be determined by yeas and nays, and the names of the 
persons voting for and against the bill shall be entered on the journal of each house 
respectively. If any bill shall not be returned by the President within ten days 
(Sunday excepted) after it shall have been presented to him, tbe same shall be a 
law, in like manner as if he had signed it, unless the Congress by their adjournment 
prevent its return, in which case it shall not be a law. 

Every order, resolution or vote, to which the concurrence of the Senate and 
House of Representatives may be necessary (except on a question of adjournment), 
shall be presented to the President of the United States; and before the same shall 
take effect, shall be approved by him, or being disapproved by him, shall be re- 
passed by two-thirds of the Senate and House of Representatives, according to the 
rules and limitations prescribed in the case of a bill. 

POWER OF CONGRESS. 

Sec. 8. The Congress shall have power to lay and collect taxes, duties, imposts 
and excises, to pay the debts and provide for the common defense and general wel- 
fare of the United States; but all duties, imposts and excises shall be uniform 
throughout the United States; 

To borrow money on the credit of the United States; 

To regulate commerce with foreign nations, and among the several States, and 
with the Indian tribes; 

To establish an uniform rule of naturalization, and uniform laws on the subject 
of bankruptcies throughout the United States; 

To coin money, regulate the value thereof, and of foreign coin, and fix the stan- 
dard of weights and measures; 

To provide for the punishment of counterfeiting the securities and current coin 
of the United States; 

To establish post-offices and post-roads; 

To promote the progress of science and useful arts, by securing for limited times 
to authors and inventors the exclusive right to their respective writings and dis- 
coveries; 

To constitute tribunals inferior to the Supreme Court; 

To define and punish piracies and felonies committed on the high seas, and 
offenses against the law of nations; 

To declare war, grant letters of marque and reprisal, and make rules concerning 
captures on land and water; 

To raise and support armies, but no appropriation of money to that use shall be 
for a longer term than two years; 

To provide and maintain a navy; 

To make rules for the government and regulation of the land and naval forces; 

To provide for calling forth the militia to execute the laws of the Union, suppress 
insurrections and repel invasions; 

To provide for organizing, arming and discipliningthe militia, and for governing 
such part of them as may be employed in the service of the United States, reserving 
to the States respectively the appointment of the officers, and the authority of train- 
ing the militia according to the discipline prescribed by Congress ; 

To exercise exclusive legislation in all cases whatsoever, over such district (not 
exceeding ten miles square) as may, by cession of particular States, and the accept- 
ance of Congress, become the seat of the government of the United States, and to 
exercise like authority over all places purchased by the consent of the Legislature of 
the State in which the same shall be, for the erection of forts, magazines, arsenals, 
dockyards and other needful buildings; and 

To make all laws which shall be necessary and proper for carrying into execu- 
tion the foregoing powers, and all other powers vested by this Constitution in thd 
government of the United States, or in any department or officer thereof. 



98 Crawford's civil government. 

LIMITATION OP THE POWERS OP CONGRESS. 

Sec. 9. The migration or importation of such persons as any of the States now 
existing shall think proper to admit, shall not be prohibited by the Congress prior 
to the year one thousand eight hundred and eight, but a tax or duty may be imposed 
on such importation, not exceeding ten dollars for each person. 

The privilege of the writ of habeas corpus shall not be suspended, unless when in 
cases of rebellion or invasion the public safety may require it. 

No bill of attainder or ex post facto law shall be passed. 

No capitation, or other direct tax shall be laid, unless in proportion to the census 
or enumeration hereinbefore directed to be taken. 

No tax or duty shall be laid on articles exported from any State. 

No preference shall be given by any regulation of commerce or revenue to the 
ports of one State over those of another; nor shall vessels bound to, or from, one 
State, be obliged to enter, clear or pay duties in another. 

No money shall be drawn from the treasury, but in consequence of appropria- 
tions made by law; and a regular statement and account of the receipts and expendi- 
tures of all public money shall be published from time to time. 

No title of nobility shall be granted by the United States; and no person holding 
any office of profit or trust under them shall, without the consent of the Congress, 
accept of any present, emolument, office or title, of any kind whatever, from any 
king, prince or foreign State. 

LIMITATION OP THE POWERS OP THE INDIVIDUAL STATES. 

Sec. 10. No State shall enter into any treaty, alliance or confederation; grant 
letters of marque and reprisal; coin money; emit bills of credit; make any thing 
but gold and silver coin a tender in payment of debts; pass any bill of attainder, 
ex post facto law, or law impairing the obligation of contracts or grant any title of 
nobility. 

No State shall, without the consent of the Congress, lay any imposts or duties on 
imports or exports, except what may be absolutely necessary for executing its 
inspection laws; and the net produce of all duties and imposts, laid by any State on 
imports or exports, shall be for the use of the treasury of the United States; and all 
such laws shall be subject to the revision and control of the Congress. 

No State shall, without the consent of Congress, lay any duty of tonnage, keep 
troops, or ships of war, in time of peace, enter into any agreement or compact with 
another State, or with a foreign power, or engage in war, unless actually invaded, 
or in such imminent danger as will not admit of delay. 

ARTICLE II. 
EXECUTIVE POWER. 

Section I. The executive power shall be vested in a President of the United 
States of America. He shall hold his office during the term of four years, and 
together with the Vice-President, chosen for the same term, be elected as follows-. 

MANNER OP ELECTING. 

Each State shall appoint, in such manner as the Legislature thereof may direct, 
a number of electors, equal to the whole number of Senators and Representatives to 
which the State may be entitled in the Congress ; but no Senator or Representative, 
or person holding an office of trust or profit under the United States, shall be 
appointed an elector. 

(The electors shall meet in their respective States, and vote by ballot for two per- 
sons, of whom one at least shall not bean inhabitant of the same State as them- 
selves. And they shall make a list of all the persons voted for, and of the number 
of votes for each; which list they shall sign and certify, and transmit sealed to the 
seat of the government of the United States, directed to the President of the Senate. 
The President of the Senate shall, in the presence of the Senate and House of Repre- 
sentatives, open all the certificates, and the votes shall then be counted. The per- 
son hnving the greatest number of votes shall be the President, if such number be 
a majority of the whole number of electors appointed; and if there be more than 
one who have such majority, and have an equal number of votes, then the House of 



CONSTITUTION OF THE UNITED STATES. 99 

Representatives shall immediately choose by ballot one of them for President; and 
if no person have a majority, then from the five highest on the list the said House 
shall in like manner choose the President. But in choosing the President, the votes 
shall be taken by States, the representation from each State having one vote; a 
quorum for this purpose shall consist of a member or members from two-thirds of 
the States, and a majority of all the States shall be necessary to a choice. In every 
case, after the choice of the President, the person having the greatest number of 
votes of the electors shall be the Vice-President. But if there should remain two 
or more who have equal votes, the Senate shall choose from them by ballot the 
Vice-Presdent.*) 

TIME OP CHOOSING ELECTORS. 

The Congress may determine the time of choosing the electors, and the day on 
which they shall give their votes; which day shall be the same throughout the 
United States. 

WHO ELIGIBLE. 

No person except a natural born citizen, or a citizen of the United States at the 
time of the adoption of this Constitution, shall be eligible to the ofl&ce of President; 
neither shall any person be eligible to that office who shall not have attained the 
age of thirty-five years, and been fourteen years a resident within the United States. 

WHEN THE PRESIDENT'S POWER DEVOLVES ON THE VICE-PRESIDENT. 

In case of the removal of the President from office, or of his death, resignation or 
inability to discharge the powers and duties of the said office, the same shall devolve 
on the Vice-President, and the Congress may by law provide for the case of 
removal, death, resignation or inability, both of the President and Vice-President, 
declaring what officer shall then act as President, and such officer shall act accor- 
dingly until the disability be removed, or a President shall be elected. 

PRESIDENT'S COMPENSATION. 

The President shall, at stated times, receive for his services a compensation 
which shall neither be increased nor diminished during the period for which he 
shall have been elected, and he shall not receive within that period any other emol- 
ument from the United States, or any of them. 

OATH. 

Before he enter on the execution of his office, he shall take the following oath or 
affirmation: "I do solemnly swear (or affirm) that I will faithfully execute the 
office of President of the United States, and will, to the best of my ability, preserve, 
protect and defend the Constitution of the United States." 

POWERS AND DUTIES. 

Sec. 2. The President shall be Commander-in-Chief of the army and navy of 
the United States, and of the militia of the several States when called into the actual 
service of the United States; he may require the opinion, in writing, of the princi- 
pal officer in each of the executive departments, upon any subject relating to the 
duties of their respective offices, and he shall have power to grant reprieves and 
pardons for offences against the United States, except in cases of impeachment. 

He shall have power, by and with the advice and consent of the Senate, to make 
treaties, provided two-thirds of the Senators present concur; and he shall nomi- 
nate, and by and with the advice and consent of the Senate, shall appoint ambassa- 
dors, other public ministers and consuls, Judges of the Supreme Court, and all other 
officers of the United States, whose appointments are not herein otherwise provided 
for, and which shall be established by law; but the Congress may by law vest the 
appointment of such inferior officers, as they think proper, in the President alone, 
in the Courts of law, or in the heads of departments. 

The President shall have power to fill up all vacancies that may happen during 
the recess of the Senate, by granting commissions which shall expire at the end of 
their next session. 

* Altered by the 12th Amendment. See page 322. 



100 Crawford's civil government. 

Sec. 3. He shall, from time to time, give to the Congress information of thfr 
state of the Union, and recommend to their consideration such measures as he shah 
judge necessary and expedient; he may, on extraordinary occasions, convene both 
houses or either of them, and in case of disagreement between them, with respect 
to the time of adjournment, he may adjourn them to such time as he shall think 
proper; he shall receive ambassadors and other public ministers; he shall take care 
that the laws be faithfully executed, and shall commission all the officers of the 
United States. 

OFFICERS REMOVED. 

Sec. 4. The President, Vice-President, and all civil officers of the United States, 
shall be removed from office, on impeachment for, and conviction of, treason, 
bribery, or other high crimes and misdemeanors. 

ARTICLE III. 
OF THE JUDICIARY. 

Section 1. The judicial power of the United States shall be vested in on& 
Supreme Court, and in such inferior Courts as the Congress may from time to timfe 
ordain and establish. The Judges, both of the Supreme and inferior Courts, shah 
hold their offices during good behavior, and shall, at stated times, receive for their 
services a compensation which shall not be diminished during their continuance in 
office. 

Sec. 2. (The judicial power shall extend to all cases, in law and equity, arising 
under this Constitution, the laws of the United States, and treaties made, or which 
shall be made, under their authority; to all cases affecting ambassadors, othei 
public ministers and consuls; to all cases of admiralty and maritime jurisdiction 
to controversies to which the United States shall be a party; to controversies 
between two or more States; between a State and citizens of another State; between 
citizens of different States ; between citizens of the same State claiming lands unde> 
grants of different States, and between a State, or the citizens thereof, and foreign 
States, citizens or subjects.*) 

JURISDICTION OF SUPREME COURT. 

In all cases affecting ambassadors, other public ministers and consuls, and those* 
In which a State shall be a party, the Supreme Court shall have original jurisdic. 
tion. In all the other cases before mentioned, the Supreme Court shall have appel- 
late jurisdiction, both as to law and fact, with such exceptions, and under suck 
regulations as the Congress shall make. 

OF TRIALS FOR CRIMES. 

The trial of all crimes, except in cases of impeachment, shall be by jury; and 
such trial shall be held in the State where the said crimes shall have been commit, 
ted; but when not committed within any State, the trial shall be at such place o* 
places as the Congress may by law have directed. 

OF TREASON. 

Sec. 3. Treason against the United States shall consist only in levying wa* 
against them, or in adhering to their enemies, giving them aid and comfort. 

No person shall be convicted of treason unless on the testimony of two witnesses 
to the same overt act, or on confession in open Court. 

The Congress shall have power to declare the punishment of treason, but no 
attainder of treason shall work corruption of blood, or forfeiture, except during 
the life of the person attainted. 

ARTICLE IV. 

STATE ACTS. 

Section 1. Full faith and credit shall be given in each State to the public acts, 
records and judicial proceedings of every other State. And the Congress may, by 
general laws, prescribe the manner in which such acts, records and proceedings 
shall be proved, and the effect thereof. 

* Altered by the 1 1th Amendment. See page 322. 



CONSTITUTION OF THE UNITED STATES. 101 

PRIVILEGES OP CITIZENS. 

Sec. 2. The citizens of each State shall be entitled to all privileges and immuni% 
ties of citizens in the several States. 

A person charged in any State with treason, felony or other crime, who shall flee 
/rom justice, and be found in another State, shall, on demand of the executive 
authority of the State from which he fled, be delivered up, to be removed to the 
State having jurisdiction of the crime. 

RUNAWAYS TO BE DELIVERED UP. 

No person held to service or labor in one State, under the laws thereof, escaping 
into another, shall, in consequence of any law or regulation therein, be discharged 
from such service or labor, but shall be delivered up on claim of the party to whom 
such service or labor may be due. 

NEW STATES. 

Sec. 3. New States may be admitted by the Congress into this Union; but no 
new State shall be formed or erected within the jurisdiction of any other State; nor 
any State be formed by the junction of two or more States, or parts of States, with- 
out the consent of the Legislatures of the States concerned as well as of the Congress. 

TERRITORIAL AND OTHER PROPERTY. 

The Congress shall have power to dispose of, and make all needful rules and 
regulations respecting, the territory, or other property belonging to the United 
States; and nothing in this Constitution shall be so construed as to prejudice any 
claims of the United States, or of any particular State. 

Sec. 4. The United States shall guarantee to every State in this Union a republi- 
can form of government, and shall protect each of them against invasion, and, on 
application of the Legislature, or of the Executive (when the Legislature can not be 
convened), against domestic violence. 

ARTICLE V. 
AMENDMENTS. 

The Congress, whenever two-thirds of both houses shall deem it necessary, shall 
propose amendments to this Constitution ; or, on the application of the Legislatures 
of two-thirds of the several States, shall call a Convention for proposing amend- 
ments, which, in either case, shall be valid to all intents and purposes, as part of this 
Constitution, when ratified by the Legislatures of three-fourths of the several 
States, or by Conventions in three-fourths thereof, as the one or the other mode of 
ratification may be proposed by Congress; provided, that no amendment which may 
be made prior to the year one thousand eight hundred and eight, shall in any man- 
ner affect the first and fourth clauses in the ninth Section of the first Article; and 
that no State, without ks consent, shall be deprived of its equal suffrage in the Senate. 

ARTICLE VI. 
DEBTS. 

All debts contracted, and engagements entered into, before the adoption of this 
Constitution, shall be as valid against the United States under this Constitution as 
under the Confederation. 

SUPREME LAW OP THE LAND. 

This Constitution, and the laws of the United States which shall be made in pur- 
suance thereof, and all treaties made, or which shall be made, under the authority 
of the United States shall be the supreme law of the land ; and the Judges in every 
State shall be bound thereby, any thing in the Constitution or laws of any State to 
the contrary notwithstanding. 

OATH.— NO RELIGIOUS TEST. 

The Senators and Representatives before mentioned, and the members ot the 
several State Legislatures, and all executive and judicial officers, both of the United 
States and of the several States, shall be bound by oath or affirmation to support 
this Constitution; but no religious test shall ever be required as a qualification to 
any office, or public trust, under the United States. 



102 Crawford's civil government. 

ARTICLE VII. 

The ratifications of the Conventions of nine States shall be sufficient for the estab- 
lishment of this Constitution between the States so ratifying the same. 

Done in Convention, by the unanimous consent of the States present, the seven- 
teenth day of September, in the year of our Lord one thousand seven hundred and 
eighty-seven, and of the Independence of the United States of America the twelfth. 
In witness whereof we ha-v e hereunto subscribed our names. 

GEORGE WASHINGTON, 
President, and Deputy from Virginia. 

New Hampshire— John Langdon, Nicholas Gilman. Massachusetts— Nathaniel 
Gorham, Rufus King. Connecticut— William Samuel Johnson, Roger Sherman. 
New Yor k— Alexander Hamilton. New Jersey— William Livingston, David Brear- 
ley, William Patterson, Jonathan Dayton. Pennsylvania — Benjamin Franklin, 
Thomas Mifflin, Robert Morris, George Clymer, Thomas Fitzsimmons, Jared Inger- 
soll , James Wilson, Gouverneur Morris. -Delaware— George Read, Gunning Bedford, 
Jr., John Dickinson, Richard Bassett, Jacob Broom. Maryland— James M'Henry, 
Daniel of St. Tho. Jenifer, Daniel Carroll. Virginia— John Blair, James Madison, 
Jr. North Carolina— William Blount, Richard Dobbs Spaight, Hugh Williamson. 
South Carolina — John Rutledge, Chas. Cotesworth Pinckney, Charles Pinckney. 
Pierce Butler. Georgia— William Few, Abraham Baldwin. 

Attest, William Jackson, Secretary. 



AMENDMENTS TO THE CONSTITUTION. 

[The first ten amendments were proposed by Congress at their first session, in 
1789. The eleventh was proposed in 1794, and the twelfth in 1803.] 

ARTICLE I. 

FREE EXERCISE OP RELIGION. 

Congress shall make no law respecting an establishment of religion, or prohibit- 
ing the free exercise thereof; or abridging the freedom of speech, or of the press; 
or the right of the people peaceably to assemble, and to petition the government for 
a redress of grievances. 

ARTICLE II. 

RIGHT TO BEAR ARMS. 

A well-regulated militia being necessary to the security of a free State, the right 
of the people to keep and bear arms shall not be infringed. 

ARTICLE III. 
NO SOLDIER TO BE BILLETED, ETC. 

No soldier shall, in time of peace, be quartered in any house without the consent 
of the owner; nor in time of war, but in a manner to be prescribed by law, 

ARTICLE IV. 

UNREASONABLE SEARCHES PROHIBITED. 

The right of the people to be secure in their persons, houses, papers and effects, 
against unreasonable searches and seizures, shall not be violated; and no warrant* 
shall issue but upon probable cause, supported by oath or affirmation, and particu- 
larly describing the place to be searched, and the persons or things to Oe ac^ed. 

ARTICLE V. 

CRIMINAL PROCEEDINGS. 

No person shall be held to answer for a capital or otherwise infamous crime, 
unless on a presentment or indictment of a Grand Jury, except in cases arising in 
the land or naval forces, or in the militia, when in actual service, in time of war or 
public danger; nor shall any person be subject for the same offense to be put twice 



CONSTITUTION OF THE UNITFD STATES. 103 

in jeopardy of life or limb; nor shall be compelled, in any criminal case, to be a 
witness against himself ; nor be deprived of life, liberty or property, without due 
process of law; nor shall private property be taken for public use without just com- 
pensation. 

ARTICLE VI. 

MODE OF TRIAL. 

In all criminal prosecutions the accused shall enjoy the right to a speedy and 
public trial, by an impartial jury of the State and district wherein the crime shall 
have been committed, which district shall have been previously ascertained by 
law, and to be informed of the nature and cause of the accusation; to be con- 
fronted with the witnesses against him; to have compulsory process for obtaining 
witnesses in his favor; and to have the assistance of counsel for his defense. 

ARTICLE VII. 

RIGHT OP TRIAL BY JURY. 

In suits at common law, where the value in controversy shall exceed twenty 
dollars, the right of trial by jury shall be preserved ; and no fact tried by jury shall 
be otherwise re-examined in any Court of the United States than according to the 
rules of the common law. 

ARTICLE VIII. 

BAIL.— FINES. 

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and 

unusual punishments inflicted. 

ARTICLE IX. 

RIGHTS NOT ENUMERATED. 

The enumeration in the Constitution of certain rights, shall not be construed to 
deny or disparage others retained by the people. 

ARTICLE X. 

POWERS RESERVED. 

The powers not delegated to the United States by the Constitution, nor prohibited 
by it to the States, are reserved to the States respectively or to the people. 

ARTICLE XI. 

LIMITATION OP JUDICIAL POWER. 

The judicial power of the United States shall not be construed to extend to any 
suit in law or equity commenced or prosecuted against one of the United States by 
citizens of another State, or by citizens or subjects of any foreign State. 

ARTICLE XII. 
ELECTION OP PRESIDENT. 

The electors shall meet in their respective States, and vote by ballot for President 
and Vice-President, one of whom, at least, shall not be an inhabitant of the same 
State with themselves; they shall name in their ballots the person voted for as 
President, and in distinct ballots the person voted for as Vice-President; and they 
shall make distinct lists of all persons voted for as President and of all persons 
voted for as Vice-President, and of the number of votes for each, which list 
they shall sign and certify, and transmit sealed to the Seat of the Government of 
the United States, directed to the President of the Senate; the President of the 
Senate shall, in the presence of the Senate and House of Representatives, open all 
the certificates, and the votes shall then be counted; the person having the greatest 
number of votes for President shall be the President, if such number be a majority 
of the whole number of electors appointed; and if no person have such a majority, 
then from the persons having the highest numbers, not exceeding three, on the list 
of those voted for as President, the House of Representatives shall choose imme- 
diately by ballot the President. But in choosing the President, the vote shall be 
taken by States, the representatives from each State having one vote; a quorum 
for this purpose shall consist of a member or members from two-thirds of the 
States, and a majority of all the States shall be necessary to a choice. And if the 



104 Crawford's civil government. 

House of Representatives shall not choose a President, whenever the right of choice 
shall devolve upon them, before the fourth day of March next following, then the 
Vice-President shall act as President, as in the case of the death or other Con- 
stitutional disability of the President. 

The person having the greatest number of votes as Vice-President shall be the 
Vice-President, if such number be a majority of the whole number of electors 
appointed; and if no person have a majority, then from the two highest numbers 
on the list, the Senate shall choose the Vice-President; a quorum for the purpose 
shall consist of two-thirds of the whole number of Senators, and a majority of the 
whole number shall be necessary to a choice. 

But no person Constitutionally ineligible to the office of President shall be 
eligible to that of Vice-President of the United States. 
[Ratified in 1865.] 
ARTICLE XIII. 

Sec. 1. Neither Slavery nor involuntary servitude, except as a punishment for 
crime, whereof the party shall have been duly convicted, shall exist within the 
United States, or any place subject to their jurisdiction. 

Sec. 2. Congress shall have power to enforce this article by appropriate legis- 
lation. 

[Ratified in 1868.] 
ARTICLE XIV. 

Sec. 1. All persons born or naturalized in the United States, and subject to the 
jurisdiction thereof, are citizens of the United States, and of the State wherein they 
reside. No State shall make or enforce any law which shall aoridge the privileges 
and immunities of citizens of the United States. Nor shall any State deprive any 
person of life, liberty c-r property, without due process of law, nor deny to any 
person within its jurisdiction the equal protection of the laws. 

Sec. 2. Representatives shall be apportioned among the several States according 
to their respective numbers, counting the whole number of persons in each State, 
excluding Indians not taxed; but whenever the right to vote at any election for 
electors of President and Vice-President, or United States Representatives in 
Congress, executive and judicial officers, or the members of the Legislature there- 
of, is denied to any of the male inhabitants of such State, being twenty-one years 
of age, and citizens of the United States, or in any way abridged, except for par- 
ticipation in rebellion or other crimes, the basis of representation therein shall be 
reduced in the proportion which the number of such male citizens shall oear to the 
whole number of male citizens twenty-one years of age in that State. 

Sec. 3. No person shall be a Senator or Representative in Congress, elector of 
President and Vice-President, or hold any office, civil or military, under the United 
States, or under any State, who, having previously taken an oath as a member of 
Congress, or as an officer of the United States, or as a member of any State Legisla- 
ture, or as an executive or judicial officer of any State, to support the Constitution 
of the United States, shall have engaged in insurrection or rebellion against the 
same, or given aid or comfort to the enemies thereof; but Congress may by a vote 
of two-thirds of each House, remove such disability. 

Sec. 4. The validity of the public debt of the United States authorized by law, 
including debts incurred for the payment of pensions and bounties for service in 
suppressing insurrection or rebellion, shall not be questioned; but neither the 
United States nor any State shall assume to pay any debt or obligation incurred in 
aid of insurrection or rebellion against the United States, or any claim tor the loss 
or emancipation of any slave, but all such debts, obligations, and claims shall be 
illegal and void. 

Sec. 5. The Congress shall have power to enforce, by appropriate legislation, 

the provisions of this article. 

[Ratified in 1870.] 
ARTICLE XV. 
Sec. 1. The right of citizens of the United States to vote shall not be denied or 
abridged by the United States, or by any State, on account of race, color or previous 
condition of servitude. 

Sec. 2. The Congress shall have power to enforce this Article by appropriate 
legislation. 



ADDENDA. 105 



STATE BOARD OF AGRICULTURE. 

[See page 41.] 

The State board of agriculture consists of a president, 
and one vice-president from each congressional district 
in the State, and of the last ex-president of the board. 
The board is elected biennially, on Wednesday of the 
State fair week, on the State fair grounds, by a conven- 
tion consisting of two or three delegates from each 
county in the State, who have power to cast three votes 
for their county. These delegates are chosen by the 
agricultural societies in the respective counties, or, in 
counties where no such societies exist, by the county 
board. The State board of agriculture has control of 
the department of agriculture, and of the State fairs 
and stock shows. 



STATE WEIGH -MASTER. 

[See page 43.] 

In all cities where there is State inspection of grain, 
the railway and warehouse commissioners appoint a 
State weigh-master and such assistants as may be neces- 
sary, whose duty it is to inspect scales, and supervise 
the weighing of grain or other property. 



PART II.— FROM PAGE 105. 



CIVIL 



GOVERNMENT 



UNITED STATES. 



A TEXT BOOK FOR SCHOOLS 

BY 

RUSSELL C. OSTRANDER, 

OF THE LANSING, MICHIGAN, BAR. 



Copyright, 1884. 
By Geo. Sherwood & Co. 



INTRODUCTION TO PART II. 



That an outline, at least, of the principles and the 
machinery of civil government in the United States 
should be taught in the common schools, seems to be 
generally admitted. Teachers differ in opinion as to the 
best manner of teaching. For any plan of instruction 
some kind of text-book is a necessity. In the work 
herewith submitted has been attempted a statement of 
the general principles and the theory of our form of 
government, with a somewhat full description of the 
machinery of governing. 

An examination of the work will show that, in 
describing the duties of public officers, and even in 
naming officers, much has been omitted. 

The work cannot, of course, give the statute law 
of the United States. But it is believed that sufficient 
has been given, in a general way, under each subject 
treated, to fully illustrate the plan and form of the 
Federal Government. 

A considerable number of references are made to 
books obtainable in nearly every law office, and in all 
public libraries. A reading of these will not be unin- 
teresting or unprofitable to teacher or pupil. 

The difficulty experienced has been to put matter 
into such shape that, preserving accuracy, it will be 
easity intelligible to the average common school student. 
If a dictionary has to be consulted occasionally no harm 
will come of it. The teacher will have much to do 
with the success of the study. If for illustrations of 
the text, history and daily occurrences in governing are 
freely used, the result can be only benefit. 

Lansing, Mich., July 1, 1884. 



TABLE OF CONTENTS. 



Intkoduction. 

CHAPTER L— Definitions. 

STATE CONSTITUTION. 

What it is. How formed, accumulated and enacted. Written 
and Unwritten. Force and effect of. Law opposed to, unconstitu- 
tional. Difference between accumulated and enacted. 

SOVEREIGNTY. 

Supreme power. Where vested. Extends to and embraces 
what subjects, What sovereign or supreme authority is. Powers 
exercised by the sovereign authority. 

LAW. 

A rule of action. Different meanings of word. Rule of civil 
conduct. Civil conduct is not individual conduct alone. Definition 
of law in the concrete. Law of the Land. Expression found in 
American Constitutions. Meaning of. What it may mean in the 
United States. Broad meaning of law is the aggregate of rules and 
principles as distinguished from a particular rule. Includes principles 
as well as positive rules. No classification of different kinds of laws 
attempted. Law of Nations. Penal Law. Sanctions. Prospective 
law. Retrospective law. Called retroactive. Effect of such a law. 

STATUTE. 

Legislative enactment. Ordinances. Resolutions. Invalid as 
opposed to constitution. What power declares. Constitutional 
methods of enacting. One object to be stated in title. Reason for the 
provision. Three readings of bill. Passed by majority vote. Vote 
entered on journal. Open doors to legislature. No new bills after 
a certain time. Special sessions, laws limited to objects stated in 
call. How statute laws published. When they take effect. Act of 

ill 



IV CIVIL GOVERNMENT. 

Congress, on approval by president. Rule at common law. Injus- 
tice of the rule. Changed by statute. Rules for construing statutes. 

CHAPTER II. 

GOVERNMENT GENERALLY. 

To govern is to rule. Government supposes authority, and 
persons and subjects for authority to act upon. 

Begins at home — in the family ; continued in the school. Com- 
mands have come from parents and teachers. Duties to act and 
abstain from acting, imposed by authority. Home authority exer- 
cised to procure respect and recognition of rights of all — the 
individual, and the family as a community. State authority exer- 
cised to give and insure recognition of individual rights and rights 
of the State as a whole. The family is a little State. Men are born 
into both. 

GOVERNMENT A NECESSITY. 

Men must live in communities. It is natural. No conception 
of communities of men not governed. Men can not live together 
without, as against each other, acquiring rights. A right in one 
makes a duty in another. Rules governing conduct spring up nat- 
urally. Society and government are both grown institutions. 

CIVIL GOVERNMENT. 

Is the government which has sprung up in and grown with those 
communities which men naturally form — the community in which 
the family is a unit. What the fundamental idea of all civil govern- 
ment is. What civil government imports. Government is the 
authority of the society. The State is the society. 

DIFFERENT FORMS OF GOVERNMENT. 

No classification of forms of government attempted. Tendency 
of the times is and has been towards what is called free government. 
Object is liberty — civil and political. Government having grown 
with society, present desirable forms suggest former undesirable 
forms of government. 

WITH WHAT GOVERNMENT MUST CONCERN ITSELF. 
Protection of the governed. Does not mean alone protection 



TABLE OF CONTENTS. V 

from outside invasion ; or from physical violence. It means protec- 
tion of individual rights in the community. 

A right not recognized by government is not a right. In the 
view of morals an asserted right may be one which ought to be 
enforced. It is not available unless it can be enforced. Govern- 
ment, therefore, ought to concern itself with rights, their definitions 
and enjoyment 

POWERS OF GOVERNMENT. 

Are all powers necessary to carry out the objects and purposes 
of government. Simply divided they may be named law-making, 
law-applying, law-enforcing; or legislative, judicial, executive. 

DISTRIBUTION OF POWERS 

There could be no certainty of good government if all three of 
these powers were in the hands of one man, or one set of men 
Illustrations. 

Continued free government requires a distribution and limitation 
of these powers; provision for the exercise of each independently of 
the others 

POLITICAL LIBERTY. 

Exists in free governments. Is the result of the assertion of the 
individual in communities. 

Society necessarily takes on or developes a form of government 
suited to its spirit and thought. Political liberty consists in an 
effective participation by the individual in the making of the 
laws. 

When this right exists, civil liberty — free government — ought to 
exist. The United States has a free government; the citizen partici- 
pates in it; the powers of government are separated, distributed, 
independent; there are written constitutions, state and federal; these 
constitutions set bounds to authority, define the principal rights of 
the citizen, and can not themselves be changed except in prescribed 
ways. The people are sovereign; they have delegated sovereign 
power to departments and officers; the power to name those who 
exercise powers is at stated intervals returned to the people; the will 
of the majority is the supreme law; powers not delegated remain in 
the people. The sovereign power is all power. The State is the 
citizen. 



VI CIVIL GOVERNMENT. 



CHAPTER III. 



GOVERNMENT OF THE UNITED STATES. 

Term United States implies a union of states. Government of 
United States the authority of that union. 

Theory of government is that of local self-government. Local 
affairs are attended to by people of localities. For this purpose 
territory is subdivided. Government of the United States has 
nothing to do With local affairs. It is a government of named or 
enumerated powers. These powers are named and limited in the 
Constitution of the United States. It has no authority over subjects 
not named. The people in a sense live under two governments — 
State and United States. 

The general government did not create the states and their 
governments. The original states united in forming the national 
government, for national purposes. Illustrations. Articles of Con- 
federation. Constitutional Convention. Ratification of the Consti- 
tution, 

The exercising of powers delegated i'n the Constitution of the 
United States is the business of the general government. 



CHAPTER IV. 

TERRITORY OVER WHICH THE AUTHORITY OF 
THE GENERAL GOVERNMENT EXTENDS. 

Over the whole territory embraced within the several states and 
territories, District of Columbia, navy yards, etc. Authority exer- 
cised over the territory within and that without a state, very 
different. 

Over the territories, District of Columbia, and government reser- 
vations and purchases, it is supreme. 

In the states, it extends to those subjects only over which power 
is given by the constitution. 

Territories can only become states at the will of Congress. 
Inhabitants of them and of the District of Columbia do not partici- 
pate in the general government, nor in local government except in 
such manner as is prescribed by Congress. 



TABLE OF CONTENTS. Vll 



CHAPTER V. — Departments of Government. 
LEGISLATIVE DEPARTMENT. 





houses or branches ; house of representatives ; senate ; delegates 
from the states make up this body. 

House of Representatives; delegates to are elected every second 
year by the people of the states. States divided into congressional 
districts. Division made every tenth year after census. Repre- 
sentatives apportioned by Congress. Present house has three hun- 
dred and twenty-five members. 

Delegate must be twenty-five years old Seven years a citizen 
of the United States. Must be an inhabitant of the state choosing 
him. Vacancy filled by new election . 

Chooses its own officers. Principal officer is Speaker. Is pre- 
siding officer. Speaker pro tern. Speaker appoints members to 
committees. Most important political office except President of the 
United States. Other officers. Delegates from territories. Has sole 
power to originate money bills, and sole power of impeachment. 

SENATE. 

Two senators from each state. Chosen by state legislatures. 
For six years. Each senator has one vote. Must be thirty years old. 
Nine years a citizen. Citizen of state choosing him. Vice President 
of the United States presides. Called president of the senate. Pres 
ident pro tern, elected if vice president is disabled, dead, removed or 
acting president. Senate elects all other officers. Senate makes up 
its own committees. 

Generally a law may originate in either house of Congress. 
Assent of each house necessary to any law. Congress meets once a 
year, at Washington on first Monday in December. Each house 
sits by itself. Each house is judge of election, qualifications and 
return of its members. Majority of each is a quorum to do business. 
Less number may adjourn from day to day and compel the attendance 
of absent members. Each house keeps and publishes a journal of its 
proceedings. Neither house without the consent of the other can 
adjourn for more than three days, nor to any other place than that 
in which the two houses shall be sitting. Compensation of delegates. 
Privileges. 

T 13 



Vlll CIVIL GOVERNMENT. 

CHAPTER VI. 

POWERS OF CONGRESS. 

Enumerated powers ; Art. 1, Sec. 8, Constitution, U. S. 

Prohibitions. Suspension of habeas corpus. 

Bill of Attainder. Ex post facto law. 

No money to be drawn from the treasury unless appropriated 
by law. No title of nobility to be granted ; and no laws respecting 
an establishment of religion to be passed, or prohibiting the free 
exercise thereof ; or abridging freedom of speech or of the press, 
or the right of citizens to assemble and petition government. 

Right of citizens to bear arms. Soldiers not to be quartered on 
the people in peace except by consent. Security of person and 
property. Twice in jeopardy. Accused need not testify against 
himself. Due process of law. Compensation for private property 
taken for public use. Right of a citizen to a speedy and public trial 
in criminal cases. Right to jury of the vicinage. To be informed 
of the accusation, confronted with the witnesses, have compulsory 
process for witnesses, and assistance of counsel. Excessive fines not 
to be imposed. Nor unusual nor cruel punishments inflicted. 

Enumeration of certain rights not to deny others retained by the 
people. Powers not delegated to the United States, nor prohibited 
to the states, belong to the states or the people. Validity of public 
debt not to be questioned. Right to vote not to be denied or 
abridged. 

Third branch of legislature. President must approve bill. 
Approves by signing, Returns it to house originating, if not approved, 
with reasons. Congress may amend to suit views of president, pass 
over the veto, or take no further action. To override veto requires 
sanction of two-thirds the Congress. Bill retained by president ten 
days, Sundays excepted, it becomes a law, unless Congress adjourns. 

CHAPTER VII. 

THE EXECUTIVE DEPARTMENT. 

Executive power vested in President of the United States. 
Elected. Term of office four years. Qualifications. Salary. Resi- 
dence. Duties. Executive Department. Cabinet. Foreign Minis- 






TABLE OF CONTENTS. IX 

ters. Judges. President, Commander-in-chief of army and navy. 
Of militia in actual service. 

Home of tiie powers of the Executive. Vacancy in the office. 
Election of. 

CHAPTER VIII. 

THE JUDICIAL POWER. 

Vested in one Supreme Court and inferior courts. 

Inferior courts created by Congress. Judges. 

Supreme Court. Judges. Salaries. Circuits. Sessions. Juris- 
diction. 

Circuit Courts. Jurisdiction. 

District Courts. Jurisdiction. 

Source of Jurisdiction, of all courts except the Supreme 
Court. 

Court of Claims. Jurisdiction. Judges. Sessions. 

CHAPTER IX. 

Some of the Constitutional Prohibitions upon States. Art. 1, 
Sec. 10, Constitution of the United States. 

Explanation. Letters of marque and reprisal. What they are. 
Declaration of Paris, 1856. 

COINAGE. 

Reasons why states should not coin money. 

BILLS OF CREDIT. 

What they are. Does not apply to notes of a state bank drawn 
on credit of a particular fund. Nor any bills circulating on private 
credit. Nor extend to evidence of indebtedness issued by a state for 
borrowed money, or services performed for it. 

BILL OF ATTAINDER. 

Doctrine of attainder. Abolished in England. Is a legislative 
conviction and punishment for crime. 

LAWS IMPAIRING THE OBLIGATION OF CONTRACTS. 

Clause much discussed. Decisions of the courts. Republican 
form of government guaranteed. 



X CIVIL GOVERNMENT. 

CHAPTER X. — Some other Powers of Sovereignty. 

EMINENT DOMAIN. 

Right to take private property for public use. Inherent .in sov- 
ereignty. Power restricted by constitutions. 

Definition of the right. Property subject to be taken. Must be 
for a public purpose. Taking must be by legislative authority. 

Powers usually exercised by the state. Compensation. Taking 
limited to the necessity, — so far as quantity is concerned. Power 
must be exercised strictly within the limitations. 

THE UNITED STATES A PREFERRED CREDITOR. 
When. 

CHAPTER XL— Public Revenues. 

TAXATION. 

What it is for. Definitions of. Power to tax. Duty of citizen. 
Differs from subsidies. Power unlimited. Is legislative., Necessity 
—a question for legislature. Fixing amount of tax and naming sub- 
jects to be taxed, within legislative power. 

RESTRICTIONS UPON THE POWER. 

Constitutional. Limitations which inhere in the power itself. 
Power cannot be delegated. State agencies, etc., can not be taxed. 
Direct Taxes. Indirect Taxes. Collection of the revenues. 
Public Lajstds. 

CHAPTER XII. 

HOW THE PRESIDENT IS ELECTED. 

The primaries. State and national conventions. The Electoral 
College. 

Times of choosing electors. Counting the electoral vote. 



CIVIL GOVERNMENT. 



CHAPTER I. 

DEFINITIONS. 
State. 

A body politic, or society of men, united together 
for the purpose of promoting their mutual safety and 
advantage by the joint efforts of their combined 
strength. 1 

The terms state and nation are frequently employed 
as meaning the same thing. But while a state may be 
a nation, and a nation may be divided into, or made up 
from several states, the term nation means more nearly, 
People or Kace. 

The term, however, is used indiscriminately for des- 
ignating either a principality, like some of the German 
states, or the Nation itself. Of course it is applied to 
the American States. 

Constitution. 

The fundamental law of a state, directing the prin- 
ciples upon which the government is founded, and 
regulating the exercise of the sovereign powers, 
directing to what bodies or persons those powers be 
confided and the manner of their exercise. 2 

1 Cooley, Constitutional Limitations, 1 ; Story on the Constitution, 
§207; Bouvier Law Diet, " State "; Yattel b, 1, c 1, §1. 
2 Bouvier Law Diet. •' Constitution." 



8 CIVIL GOVERNMENT. 

That body of rules and maxims in accordance with 
which the powers of sovereignty are habitually exer- 
cised. 1 

The constitution is to the state what it is to a society 
of persons. In our day one of the first matters to 
receive attention, where a number of individuals asso- 
ciate themselves permanently, is a constitution ; a 
general organic law for the government of the society. 

The term is frequently used with a meaning more 
or less limited than the one conveyed in the above defi 
nitions, but it has come to mean, more and more, the 
fundamentals of a free government ; the first or founda 
tion law ; the organic law. 

How Constitutions are Formed. 

Constitutions may be accumulated or enacted. That 
is, the constitution of a country may be the mass of 
rules, customs, common law — written and unwritten — 
and decisions of the courts, which have accumulated 
and have been acted upon by the government, respected 
and obeyed by individuals, until they have come to be 
regarded as a part of the system of government. Or, 
a constitution may be enacted as a fundamental law of 
the body politic, either by the monarch or by the 
people ; by the sovereign power. 

May be Written or Unwritten. 

Constitutions may be written or unwritten. The 
constitution of Great Britain is an accumulated and 
unwritten one. Those of the United States, both 
federal and state, are enacted and vjritten. 

1 Cooley, Const. Limitations, 2. 



DEFINITIONS. 9 

Their Force and Effect, 

In the United States constitutions are the written 
instruments agreed upon and adopted by the people of 
the United States or of the state, and are absolute rules 
of action and decision for all departments and officers 
of government, upon all questions covered by them. 
Any rule or act of any department of government, or 
of any officer of government, or even of the people 
themselves in opposition to them, will be altogether 
void. ' 

So we say, when a law is passed by the legislature, 
federal or state, opposed to the fundamental law or con- 
stitution, that such a law is in excess of legislative 
authority and therefore unconstitutional and void. 

In this respect mainly lies the difference in effect 
between an accumulated and an enacted constitution. 
In a country where the complete sovereignty is, by the 
system of government, vested in the same power or body 
which enacts the ordinary laws, any law, being an exer- 
cise of sovereign power, cannot be void, but if in conflict 
with any existing constitutional principle, must have the 
effect to change or abrogate such principle, instead of 
being nullified by it. This is so in Great Britain. The 
declared will of Parliament is the final law. There con- 
stitutional questions are addressed to the Parliament or 
to the people. Here, after the legislature has passed 
upon such a question, there is generally, when it is 
attempted to put the will of the legislature in operation, 
a right of appeal to the courts. " For the will of the 
people, as declared in the constitution, is the final law, 
and the will of the legislature is only law where it is in 

1 Cooley, Const. Lim., 3. 



10 CIVIL GOVERNMENT. 

harmony with, or at least is not opposed to, that con- 
trolling instrument, which governs the legislative body 
equally with the private citizen." 1 

Sovereignty. 

All political or civil government, presupposes a com- 
munity of people united for the purposes of govern- 
ment, and a sovereign or supreme power residing 
somewhere. It may reside in the people themselves ; 
it may be in a person, or body of persons, having 
sole and only control, and exercising the sovereign 
power. As applied to states, sovereignty imports and 
means the supreme power; a power above which there is 
no power. A state is called a sovereign state when this 
power resides within itself. 2 Usually the sovereignty of 
a state extends to and embraces all the subjects of gov- 
ernment within the territorial limits of the state. Thus, 
France, Russia, Great Britain, and the United States, 
are sovereign states. In each the authority of govern- 
ment extends to all matters of government within the 
limits of the state. Neither of them is controlled in any 
matter of government by a power without or outside 
itself. None of them has any political superior. 

Powers exercised by the sovereign authority. — We have 
said that the sovereign authority has all authority. The 
power to make and to repeal laws ; the power to enforce 
the laws ; to punish violations of laws ; the power to di- 
rect, control, and carry on the government, and to provide 
the necessary political machinery and agencies for that 
purpose — all these are powers exercised by what we call 
the sovereign power or authority. 

1 Cooley, Const. Lim , 3. 

2 Cooley, Const Lim., 1. 



DEFINITIONS. 11 

Law. 

A law is defined to be a rule of action, prescribed by 
a superior power ; a rule or method of action ; a rule 
of civil conduct prescribed by the supreme power of a 
state. 1 

There are many definitions of the word law, with a 
more or less extended meaning. In the sense in which 
the word is important here, it refers to the rule or rules 
of human conduct and action, in communities — munici- 
pal law — which Blackstone defines as "a rule of civil 
conduct prescribed by the supreme power in a state, 
commanding what is right and prohibiting what is 
wrong." 

But it is not individual conduct, alone, which is 
meant when the term civil conduct is used. Nor does 
the rule necessarily mean one prescribed, or enacted, by 
the legislature. A rule of conduct may be said to be 
prescribed, when it is recognized by authority as a rule. 

" The aggregate of those rules and principles of con- 
duct which the governing power in a community recog- 
nizes as the rules and principles which it will enforce or 
sanction, and according to which it will regulate, limit, 
or protect the conduct of its members," is one of the 
definitions of law given in Bouvier. As, if the question 
were asked, What is the law of the state? meaning the 
term in the concrete sense, the foregoing is a good 
answer. "The law of the land," is an expression often 
seen and heard. It is seen in most of the American 
constitutions, and means not only the written or statute 

1 See 1 Blackstone's Commentaries, § II ; 1 Stephen's Com- 
mentaries, 25. See, also, Montesquieu, Spirit of the Laws, b 1, 
Chap. 1. 



12 CIVIL GOVERNMENT. 

law, but the unwritten law or common law, customs and 
usages, of the land. 

For instance, the law of the land in the United States 
may mean : 1. The unwritten or common law and the 
statute law of England, so far as applicable here, in 
force at the time the independence of the colonies was 
declared. 2. The constitutions or fundamental laws of 
the United States and of the States. 3. Treaties made 
by authority, between the United States and foreign 
States and Nations. 4. The unwritten common laws or 
customs, which have obtained in various parts of this 
country, which are respected and obeyed by individuals 
and enforced by the courts. 5. The legislative enact- 
ments or statute laws. 1 

" Law, in its broad meaning, is the aggregate of legal 
rules and principles, as distinguished from any particu- 
lar rule or principle. No one statute, nor all statutes, 
constitutes the law of the state ; for the maxims of the 
courts and the regulations of municipal bodies, as well 
as, to some extent, the universal principles of ethics, go 
to make up the body of the law. It includes principles, 
which rest in the common sense of justice and right, as 

1 " By the law of the land is more clearly intended the general law, 
a law which hears before it condemns ; which proceeds upon inquiry, 
and renders judgment only after trial The meaning is that every 
citizen shall hold his life, liberty, property and immunities, under 
the protection of the general rules which govern society; " Web- 
ster's argument in Daitmouth College case, 4 Wheaton, 518. 
See Story on the Constitution, Yol. 3, 264, 661; Cooley, Const. Lim., 
441; Murray's Lessees t\ Hoboken, 18 Howard, 272. "The consti- 
tutional provisions, that no person shall be deprived of life, liberty, 
or property, without due process of law mean more than a mere leg- 
islative enactment. They restrict the legislature so that it cannot 
reach the life, liberty, or property of the individual, except when he 
is convicted of crime, or when the sacrifice of his property is de- 
manded by a just regard of the public welfare;" — Atchison, etc. 
E. R Co. v. Baty, 6 Nebraska, 37. 






DEFINITIONS. 13 

well as positive rules or regulations, which rest in ordi- 
nance. It is the aggregate of the rules and principles 
only which the governing power in the community recog- 
nizes, because that power, whether it be deemed as 
residing in a monarch, an aristocracy, or in the people at 
large, is the source of the authority and the sanction of 
those rules and principles." 1 

Space here will not admit of any classification of 
different kinds of laws. The term statute will be here- 
after defined. We read of the law of nations, which is 
the aggregate of the rules, customs and usages govern- 
ing intercourse between and among nations, and to 
a large extent between their citizens. A penal law 
is one which inflicts a penalty for its violation. That 
part of a law which inflicts a penalty for its violation, or 
a reward for its observance, is called a sanction. 
Sanctions are of two kinds, civil and penal. A pros- 
pective law or statute, is one the application of which is 
to cases arising after its enactment. A retrospective law, 
is one which has an effect upon or applies to persons or 
things in connection with or reference to past events or 
conduct. These are also called retroactive laws. 

If the effect of such a law is to take away vested 

rights it is so far void. See definition of ex post facto 

law. 

Statute. 

A law established by the act of the legislative power. 
An act of the legislature. The written will of the legis- 
lature solemnly expressed according to the forms 
necessary to constitute it the law of the state. 2 

The acts of bodies delegated with local legislative 

1 Bouvier, Law Diet. "Law." 
2 Bouvier, "Statute." 



14 CIVIL GOVERNMENT. 

powers, or the power to make laws or some laws for the 
locality, as common councils of cities, boards of trustees 
of villages, township boards, boards of supervisors, etc. , 
are not called statutes. Ordinance, or resolution, or a 
similar term is usually applied to them. 

We have already seen that, in this country, a statute, 
opposed to the constitution, state or national, is void. 
It may be void as opposed to the express provisions of 
the constitution or as opposed to its spirit. Courts, 
however, though exercising a proper authority and clear 
duty, in declaring unconstitutional a statute which is 
plainly so, will only make such a declaration when 
the question is raised, and argued, and w T hen the uncon- 
stitutionality clearly appears. The acts of the legis- 
lature will always, if possible and reasonable, receive a 
construction which will leave them in force. Later 
on in this work it will appear how the legislature in this 
country is itself subject to constitutional restraints in the 
manner of enacting laws. The courts have authority to 
go behind the act itself, to ascertain whether in its 
passage, constitutionally prescribed forms or methods 
have been followed. 

Constitutions in different states prescribe different 
rules concerning legislation. One common provision, 
for illustration, in state constitutions, is that an act of 
the legislature or statute shall embrace but one object, 
which shall be stated in the title of the act. The object 
of this is apparent. The title itself calls attention at once 
to the subject of the proposed legislation, and there can 
be no hidden or secret legislation pushed through under 
cover of that title. It leaves each subject of legislation, 
proposed, to stand or fall upon its merits, and does 
not allow an urgent and proper legislative act, to drag 






DEFINITIONS. 15 

along with it an improper one. There is no such pro- 
vision as is referred to, in the Constitution of the United 
States. Several times therefore we have seen a rider, 
as it is called, embracing a provision obnoxious to the 
majority of Congress, tacked upon and carried through 
by a bill appropriating money urgently needed by the 
departments of the government, the alternative being a 
rejection of the whole measure. 

Other common provisions require that a bill shall be 
read a certain number of times before final passage ; shall 
be assented to by a majority of all the legislative body ; 
that the vote shall be entered in the journal of the body 
voting ; that legislation shall be considered and acted 
on publicly ; that no new legislation shall be proposed 
after a certain number of days in the session ; that the 
proceedings of special sessions shall be limited to sub- 
jects mentioned in the call of the officer having authority 
to convene the legislative body. 

Statute law becomes known to the people by being 
printed and distributed. History tells us in what man- 
ner, in earlier times, the will of the law-maker became 
known to the people. It is said that Caligula wrote his 
laws in very small characters and then hung them upon 
high pillars, the better to ensnare the people. In Eng- 
land, formerly, and in the American colonies, many 
acts of parliament and royal proclamations were made 
known by being read in churches and in other public 
assemblages. 

The constitutions of states generally specify at what 
time an act shall take effect. Since it is a rule that 
ignorance of the law does not excuse a person, it is 
necessary and proper that some opportunity be afforded 
the people to learn what the law-makers have enacted. 



16 CIVIL GOVERNMENT. 

An act of Congress takes effect the day upon which it 
is approved by the President. x 

By the common law, statutes took effect by relation 
back to the first day of the session at which they were 
enacted. The manifest injustice of this rule led to 
an act of parliament, passed in the 33d year of the reign 
of George III, by which it was provided that, unless 
otherwise ordered, statutes should take effect from 
the day of receiving the royal assent. 

There are many rules which have been adopted, by 
which statutes are construed, or their meaning and 
application arrived at. 

Chapters ten to fifteen, inclusive, of Bishop on 
Criminal Law, discusses the principles of interpretation 
of Criminal Statutes. Chapter seven of Cooley on Con- 
stitutional Limitations, discusses the circumstances 
under which a legislative act may be declared unconsti- 
tutional, and the subject " Sources of Municipal Law," 
in the first volume of Kent's Commentaries, is largely 
devoted to this subject. 

QUESTIONS. 

What is a state? Tell the different meanings in 
which the word is used? 

Write an abstract of the definition given. 

Define constitution ? What is its force ? What is 
the object or purpose of a constitution ? Has the 
word more than one meaning? What has it come 
to mean ? How are constitutions formed ? What do 
we understand by an accumulated constitution ? Enacted 
constitution? Written? Unwritten? Force in the 
United States and States? In England? What force 

1 See 1 Kent's Commentaries, 455 ; Matthews v. Zane, 7 Wheaton^ 
164; The Brig Ann, 1 Gallison, 62. 



DEFINITIONS. 17 

in this country has a law opposed to the constitution ? 
Write an abstract of the definition given of consti- 
tution. 

What is understood by sovereign power, or sover- 
eignty ? As applied to states what does the term import ? 
What is a sovereign state ? How far does the sovereign 
power of a state or nation extend as to subjects ? Terri 
torially ? What powers are exercised by the sovereign 
authority ? 

Write an abstract of the definition given. 

Lav^ means what? What is a law? Give the 
several definitions and the meaning of each ? What 
is municipal law? What is the law of any given state ? 
What is understood by u the law of the land " ? What 
may it mean in the United States? Is it restricted to 
acts of the legislature ? Is the constitution of a state, a 
law ? What is the law of nations ? A penal law ? A 
sanction ? A prospective law ? A retrospective law ? 
Retroactive law? What is the effect of a retroactive 
law ? Is it restricted in its effect ? By what ? 

Write an abstract of the definition given of law. 

Give the definition of statute f Ordinance ? What 
effect has the constitution upon statutes? By what 
authority are statutes enacted ? What authority decides 
finally upon the question of the constitutionality of a 
statute? Give some of the constitutional restrictions 
imposed upon the forms to be used in enacting statutes ? 
Give the reasons for these restrictions ? How do the 
people learn what laws are passed by the legislature? 
How were the laws formerly made known ? When 
does an act of Congress take effect ? An act of tho 
English Parliament ? 

Give a written abstract of the definition of statute, 
B 1* 



18 



CIVIL GOVERNMENT. 



CHAPTER II. 



CIVIL GOVERNMENT. 
Government Generally. 

To govern is to rule, regulate, influence. Govern 
ment supposes or suggests, from a mere statement of 
the word, first, authority somewhere ; second, a person 
or persons, or subjects upon which the authority is 
to act. 

In the ordinary sense or use of the word, as applied 
to individuals, government begins at home, in the 
family. The child first learns, there, what authority is 
and what obedience. The teaching is continued in the 
school, and the child passes along into the world, a 
member of the community, an individual in the body 
politic or state in which he lives, conscious that from 
the beginning he has been governed. The commands 
given have come from the father and mother and from 
the teacher. So far as government was concerned, his 
intercourse with other members of the family put upon 
him certain duties to be performed. These have been 
duties to do and not to do, acts. In the doing and not 
doing as required, he has been respecting and recogniz- 
ing the rights of others, and under the same authority 
and obligations others have respected and recognized 
his rights. 

Some of the duties imposed have been for the welfare 
of the family as a family, of which he was a part, 
perhaps to contribute by his labor, to some extent, to 
the family support. 






GOVERNMENT GENERALLY. 19 

The family is a little state. A person comes into 

the state as he does into the family, by being born 

into it. 

Government a Necessity. 

There is no conception to be had of men living other- 
wise than in communities, nor of communities of men 
without government. Government is as essential in the 
community as it is in the family. Men were made to 
live together, with wants rendering them mutually 
dependent upon each other. The community is a num- 
ber of families, and the state or nation a number of 
communities. 

It is of course possible to conceive of a man, by 
accident or because of a warped or diseased mind, living 
solitary and apart from his fellows. On an unpeopled 
island or in some wilderness he might live for years, 
under no restraints except natural ones, governed and 
controlled by no human laws. But this is simply a 
removing away from the natural order of things. Let 
other men intrude upon his solitude, and a communit}^, 
the smallest, be formed. Instantly, each is under some 
restraints. Certain rules governing conduct, and 
respecting the rights of others are regarded by each 
member of the community. Without them the com- 
munity would cease to exist. Increase the community, 
and the mutual dependency of its members increases, and 
becomes more far reaching. The government of the 
society will grow with the society. Society and govern- 
ment are both grown institutions, and have grown and 
do grow together. 

The social state is natural, and therefore a necessity, 
and grows. Government arises from necessity out of 
the social state, and grows with it. 



20 CIVIL GOVERNMENT. 

Civil Government. 

It is the subject of government as applied to commu- 
nities that we are concerned about. And not only as 
applied to communities or states, but to communities 
the members of which are engaged in those pursuits 
which are natural to mankind. A band of robbers or a 
purely military organization could be called a commu- 
nity ; both exist or have existed, and all were under 
government. But the community of which we speak, 
is the community which men seem naturally to form ; 
the community in which the family is the unit. The 
objects of such a community are those of the social or 
civil state, and the government of them is civil govern- 
ment. In such a community, we have seen, govern- 
ment is a necessity. 

Why the frame or characteristics of government in 
any given community should be as they are, can perhaps 
be sufficiently answered. Certain natural peculiarities 
and characteristics of the people, soil, climate, industries 
followed —these may largely account for the kind of 
government. 

There have been an endless variety of governments. 
It is said, however, that whatever form the government 
may take, " the fundamental idea, however rudely con- 
ceived, is always the protection of society and its mem- 
bers, security of property and person, the administration 
of justice therefor, and the united efforts of society to 
furnish the means to authority to carry out its objects." l 

What Civil Government Imports. 
When civil government, therefore, is spoken about, 
we understand: First, the existence of such a eommu- 
1 Bouvier's Law Dictionary, " Government. " 



WHAT CIVIL GOVERNMENT IMPORTS. 21 

nity as has been described; second, that there is a system 
of rules, usages and customs, more or less complex, by 
which the community and the members of it are gov- 
erned, and, third, that there is somewhere authority, not 
only to make rules and regulations for governing, but 
to change, repeal and enforce them. 

But it seems that these are common to all governments 
of the kind. They give no idea of the plan or form of 
government. Because, these rules may be few or many, 
may be fixed and established, or subject to constant 
change. The authority of government may be in the 
hands of one man, a body of men, or in the community 
at large. The authority may be within or outside of the 
community itself. Rights may, or may not, be defined. 

It is the difference in these matters or in some of 
them which allows a classification of governments. 1 

Definition of Government. 

It is, perhaps, well here to define the sense in which 
the term government will be used and is properly used 
in this book. As commonly used it has different mean- 
ings, depending upon the connection in which it is used. 
The State itself, or body politic, is called, sometimes, 
the Government. It is applied to the administration, or 
body of persons in whose hands is the official power and 
direction of affairs. But, strictly, the State is the 
society of individuals, and the Government is the au- 
thority of the society. It is the aggregate of all the 
institutions by which society or the State makes and 
enforces the rules necessary to the welfare of the society 
and its members. 

! For a very interesting classification of governments, see Bou- 
vier's Law Dictionary, u Government." 



22 CIVIL GOVERNMENT. 

Different Forms of Government. 

It is not in the plan of this work to give any classifi- 
cation of the different forms of governments, nor to dis- 
cuss in any way the subject of the origin and growth of 
government. 

As leading naturally to an understanding of the sys- 
tem and frame of our own government, it may be said 
that the tendency of communities has been and is, to 
adopt or take on a form of government in which the 
individual member of the community has the largest 
possible voice and part in governmental affairs, consistent 
with the proper administration of affairs ; in which cer- 
tain principles and rules are followed ; in which the 
principal recognized rights of the individual are defined 
and fixed by laws, and in which the powers of govern- 
ment are separated and distributed into different hands. 
In other words, the tendency is towards what we call 
free government. The object to be attained is liberty, 
civil and political. All this implies, of course, a moving 
away from systems of government in which these things 
were not embodied, a discarding of different methods 
and forms which before existed. If present forms and 
characteristics of what we call free government are 
approved and seem to be proper and necessary and for 
the good of the society and the individual, then, in 
noticing them and their advantages, the mind may dwell 
upon the state of society as it would exist without them, 
and some idea be gained of what progress has been 
made. 

With what all Government must Concern Itself. 

When we say that one object and end of government 

is the protection of the governed, it is not meant simply 






WITH WHAT GOVERNMENT MUST CONCERN ITSELF. 23 

that mischievous intruders shall be kept out of the 
society or state, nor the repelling of armed invasion. 
This is, of course, included in the meaning, and in earlier 
times states were kept constantly agitated upon the sub- 
ject of outside invasion. There is little of this now 
among civilized nations. 

Nothing has had so much to do with the change in 
this respect as the fostering of the natural relations of 
the family in communities. Following necessarily upon 
the adoption of this relation came, and comes, the nat- 
ural desire to protect and care for the family, in sickness 
and in health, and to acquire a competency in property. 
But if a man could now only acquire and hold so much 
property as he could watch and guard, subject all the 
time to have it taken away by some one when his vigi- 
lance was relaxed, society, civilized society, could not 
exist. So, as has been already said, while society has 
been growing into this state, government has grown 
with the society. 

Therefore the protection to the governed to be afforded 
by government, means the protection of individual rights 
in the community itself. This has come to be what 
government in modern times is principally concerned 
with. The interminoflino; in the social state snves rise 
to a multitude of duties owed by each individual to 
others generally, to some others particularly. 

Some of these duties are to respect what we shall 
term natural rights, others are imposed by government, 
and the duties imposed give rise at once to rights in 
others to have the duties performed. 

A right not recognized by government, or the au- 
thority of the society, is of no account or conse- 
quence. 



24: CIVIL GOVERNMENT. 

It is only recognized rights which are available. 

However proper an asserted right may seem to be, if 
it cannot be enforced, it is useless and not a fight, 
except, perhaps, in the view of morals. This is easily 
comprehended and should be remembered. 

It is therefore the great duty of government to con- 
cern itself with rights and their definitions. Judge 
Cooley, in his work on Torts, says: " Every government 
must concern itself with the definition of rights and the 
providing of adequate security for their enjoyment. If 
a government is properly and justly administered, this 
will be its chief business ; and this in its true sense con 
stitutes civil liberty." 

Powers of Government. 

We say that the powers of government are all powers 
necessary to carry out the essential objects of govern- 
ment, some of which have just been mentioned. But 
these powers admit of an easy classification or separa- 
tion. There must be, and always is, a law-making 
power. This includes, of necessity, the power to change 
and repeal laws. A power to hear and determine ques- 
tions arising upon the application of law, — to administer 
the law. A power to execute the law. 

Making, amending and repealing laws, we call the 
exercise of legislative power. Applying or administer- 
ing the law is the exercise of judicial power, and enforc- 
ing the laws, the exercise of executive power. 

It is the difference in the manner of the exercise of 
these powers, which are inherent in all government, 
which constitutes the difference between free government 
and that more or less despotic. 



POWERS OF GOVERNMENT. 25 

Distribution of the Powers of Government. 

The manner of the exercise of the powers of govern- 
ment, in theory at least, depends largely, if not entirely, 
so far as the question of free government is concerned, 
upon the distribution of those powers. To illustrate: 
Suppose the authority of government vested in one man 
— the king. He, exercising these powers, makes laws at 
his will, publishes them or keeps them secret, applies 
them in person, and executes them to suit himself. His 
punishments for violations of law are not known until 
he pronounces sentence. 

He may pardon whom he pleases. He may suspend 
the operation of a law to please a favorite, or make a 
law, after an act has been committed, to punish an 
enemy. 

It is evident that under such a reign civil liberty 
could not exist. The successor of such a ruler, on the 
contrary, might publish a code of laws, equitable, just, 
and calculated in every way to secure the liberties of 
the subject. He might judge fairly in the cases brought 
before him, and impartially and honestly execute the 
laws. Under such a ruler civil liberty would exist. 

But no security would remain to the subject that this 
state of things would continue. A change might come 
over the ruler and the whole code of laws be repealed. 
He might insist upon hearing and deciding cases with- 
out reference to the established rules, and punish offences 
in such manner as occurred to him. Again, the ruler 
might not himself respect private rights at all, but override 
in his own actions rules which he compelled the subject 
to obey. Such a government as has been described has 
not been an unfrequent event. The security of person 
2 



26 CIVIL GOVERNMENT. 

and property in a whole empire has depended upon the 
temper and acquirements of the son of a king. 

History tells us how enlightened communities have 
gradually shaken off such a state of things. 

It has been done by distributing the powers of govern- 
ment, and setting bounds to authority. The setting of 
limits to authority is as much a part of governing, as 
much an act of authority, as any other. 

Few of these changes for the better, in government, 
have been suggested or instituted by the ruler. They 
have come from the people. Many remain as the results 
of revolution, in which the people governed rose against 
the established government, and only submitted when 
concessions were made to them. 

It is not difficult to understand how, if the law-making 
power is separated from the law-enforcing power, and 
the two powers reposed, for exercise, in different persons 
or bodies, the chances are better that a good government 
will exist. And if separate and distinct from both these 
is kept the power which we call the judicial power, the 
power which applies the laws to particular cases, another 
element of good government is added. But if the ruler 
or executive was not subject to the laws, or if he, at will, 
appointed and displaced judges, and overawed the legis- 
lative authority, order and security was not certain. 

So we find that as communities have grown and men 
have become enlightened, the object and aim of men has 
been to make this distribution of powers more certain, 
and the exercise of each more independent of the other. 

Political Liberty. 

In accomplishing such results, the citizen, the gov- 
erned, has necessarily asserted himself more and more. 



POLITICAL LIBERTY, 27 

The voice of the community has demanded and enforced 
progress, until, in good governments, in free govern- 
ments, the political liberty of the citizen has become a 
right. Political liberty has been said to consist in an 
effective participation by the individual in the making of 
the laws. 

If, when political liberty is enjoyed by the subject, 
civil liberty and a free government in its full meaning is 
not enjoyed, the citizen must be at fault. 

England has been the country in which the warfare 
for free government was begun, carried on and finished. 
English constitutional history will inform the American 
student by what means and after what time, a form of 
government in which the people participated became 
possible. 

The young American citizen of to-day finds a free 
government, in which he is allowed directly or indirectly 
to participate. A plan of government in which the 
powers are separated, distributed, independent. The 
continuance of this made certain by written federal and 
state constitutions. The same constitutions setting 
bounds to authority, defining the principal rights of the 
citizen, and themselves beyond any change except in 
certain prescribed ways. The sovereign people have 
delegated portions of the sovereign power to depart- 
ments and officers of government. The power to name 
the persons who shall exercise these powers is at stated 
intervals returned to the people. The will of the major- 
ity, lawfully expressed, is the supreme law. Powers 
not delegated remain in the people. 

It should be borne in mind, in the study of any plan 
or form of government, that the sovereign power> 
residing somewhere in the state, can do what it will. 



28 CIVIL GOVERNMENT. 

There is nothing over or above it. It can make such 
laws as it chooses, in such manner as it chooses, and 
enforce them in its own way. It can borrow money of 
its citizens and of foreign states and citizens, and pay or 
not as it thinks fit. It can, in the plenitude of legislative 
power, make north south, and change all commonly 
known standards of value, weight and measure. It can 
confiscate the property of the citizen, or give it to his 
neighbor; make murder a misdemeanor, and assault and 
battery a felony. It can establish a form of religion, 
and punish with death all who worship in any other 
form. 

Of course, you say, that is not possible. Practically 
it is not. Theoretically it is. Practically it has been 
true, in effect, at least. 

In this country the people are sovereign. Whenever 
a majority of them shall be of the same mind, what may 
they not do ? 

If we have a good government, its plan and charac- 
teristics should be understood in order to be perpetuated. 
If changes seem necessary, they should not be attempted 
by those ignorant of what they would remedy. The 
idea that the state, the nation, is something apart from 
the citizen, a thing to be libelled, resisted and plundered, 
is a mistaken idea. The state is yourself. It is gov- 
erned wisely or not as you allow. Steal from it, and 
you put your hand in your own pocket. Cheat it, and 
you defraud yourself. More than this. The sins in 
governing, committed by the fathers, are often only 
visited upon the heads of the children. 

QUESTIONS. 

To govern is what? What does the word govern- 






QUESTIONS. 29 

ment suggest or pre-suppose? Write or give an ab- 
stract of your own idea of government in the general 
sense ? Where does government begin ? What com- 
parison between the family and the state ? How does 
one become a person in the state ? 

Can men live without government ? Tell what you 
can about this? What is civil government? What is 
the fundamental idea of government ? What does civil 
government import ? Give definition of government ? 
What is the tendency of communities in regard to 
government ? What is the object to be attained ? With 
what must government concern itself? 

What do we mean by protection of the governed? 
When is a right valuable ? The great duty of govern- 
ment? What general powers has the government? 
What is meant by distribution of the powers of govern- 
ment ? In what way connected with the question of 
free government ? Illustrate . 

What is meant by setting limits to authority ? What 
changes have contributed to establish free government ? 
From what source have these come ? What is the effect 
of the distribution of the power of government ? What 
evils are probable if not separated ? What do you 
understand by civil liberty ? By political libert}^ ? In 
what country has the struggle for free government been 
prominent ? Give a plan, general, of the government in 
the American states. 

Sovereign authority is what ? What may it do in 
government? Where is the sovereign power in this 
country ? Tell what you can of this ? Write an abstract 
of this chapter. 



30 



CIVIL GOVERNMENT, 



CHAPTEE III, 



GOVERNMENT OF THE UNITED STATES. 



The term, United States, implies at once a union of 
states, and the Government of the United States, the 
government of that union. It will be learned, as this 
study progresses, that the theory of government in the 
United States, is that of local self-government. That is, 
the United States is made up of states, the states of 
counties, the counties of towns, and the towns in many 
states, of school and road districts, or other small 
divisions. These names all represent territorial divis- 
ions. They also represent the extent of communities 
for some purposes of government. 

So far as is possible, in each of these political subdi- 
visions, the affairs of the locality are attended to by the 
people of the locality. In their local affairs, the people 
govern themselves. In one sense of the term each is a 
little sovereignty ; a number of these form a sovereignty 
a little larger, and so on until we have a state. 

The first thing to be learned of the Government of 
the United States is, that it lets alone local affairs. That 
it employs itself with those matters and subjects of gov- 
ernment which are in their character national. 

The second thing to learn is, that the powers of the 
General Government, or Government of the United 
States, are named, or enumerated, and, while the powers 
properly belonging to it are fall and ample, the theory 



GOVERNMENT OF THE UNITED STATES. 31 

is that all other powers and subjects of government 
belong to the states and the people. 

A third thing to learn is, that the powers exercised 
by the General Government are named and limited in 
a written constitution, adopted by the people of the 
states. It has no power or authority over any subject 
not named in the constitution. 

So the people of the states, live in a certain sense 
under two governments, that of the state and of the 
United States. 

To illustrate, there was not in the beginning of our 
national existence a large territory, the people of which 
existed under one general form of government ; the 
divisions of the territory into states was not by that 
general authority, and for the purposes of convenient 
government, as a state is now divided in smaller districts 
for such purposes. On the contrary, the then inhabited 
territory was divided into a number of colonies, and 
these colonies had separate and independent existences. 
Because the people of the colonies were deprived in a 
measure of political liberty, and not allowed, as they 
wished, to govern themselves in all local affairs, they 
declared their independence of Great Britain, and the 
war of the Revolution was the result. 

Before the Revolution, whatever power was exercised 
over the colonies, in common, was exercised by the 
Crown or Parliament of Great Britain. When war 
broke out, the Congress of 1775, assumed the powers of 
a general government, acting in all matters affecting the 
general welfare of the colonies. 

It conducted the war, declared the independency of 
the colonies, made treaties and assumed to itself general 
direction and control of general public affairs. 



32 CIVIL GOVERNMENT. 

It was a government springing up of necessity. It 
had no defined authority ; no power to enforce obedience 
to its orders. 

It was composed of delegates from the different colo- 
nies. Those delegates received their instructions from 
the conventions sending them. The people ratified the 
acts of that congress by obeying them. In order to 
define the powers of the General Government, the Arti- 
cles of Confederation were adopted. 

The powers given by those articles were not adequate, 
in many respects, and a Constitutional Convention was 
called. It framed a constitution which went into effect 
in 1789. 1 

It is seen, therefore, how of necessity and for the 
mutual, organized protection of all, a number of inde- 
pendent colonies, united in establishing a general or 
national government. 

1 This convention was composed of delegates from all the original 
thirteen states, excepting Rhode Island. It assembled at Phila- 
delphia, May 14, 1787. On the 17th of September following, a form 
of coustitution was agreed upon. It was sent by the congress to the 
legislatures of the several states, and was by them submitted to con- 
ventions of delegates chosen in each state by the people. The 
several state conventions ratified the Constitution. Ratification by 
nine states was sufficient to establish it among those states ratifying 
it. It was ratified in Delaware, December 7, 1787 ; Pennsylvania, 
December 12, 1787; New Jersey, December 18, 1787; Georgia, Janu- 
ary 2, 1788; Connecticut, January 9, 1788; Massachusetts, February 
6, 1788; Maryland, April 28, 1788; South Carolina, May 23, 1788; New 
Hampshire, June 21, 1788 ; Virginia, June 26, 1788; New York, July 
26, 1788; North Carolina, November 21, 1789; Rhode Island, May 29, 
1790. July 2, 1788, the ratification by the ninth state was read to 
Congress, and an act was at once prepared for putting the Constitu- 
tion into effect, and on September 13, 1788, Congress appointed days 
for choosing electors, and resolved that the first Wednesday in March 
then next should be the time and New York the place, for beginning 
under the new Constitution. Washington took the oath of office 
April 30, 1789. The Constitution became the law of the land March 
4, 1789. 



GOVERNMENT OF THE UNITED STATES. 33 

Bat to this Government were, as has been stated, only 
given national powers. 

Thus we have the Government of the United States 
attending to, supervising, controlling and sovereign in 
all affairs of general national importance, and state gov- 
ernments, entirely independent in most matters of state 
concern, attending to, controlling and sovereign in all 
affiiirs arising within the respective state borders over 
which the General Government was not given expressly, 
or by necessary implication, control. l 

The general history of the condition of people in the 
colonies and of the proceedings from the first to organize 
and establish the Government of the United States, is 
interesting as explaining in a measure the reasons for 
government in any and every community of people. 
Specific reasons may differ, but the general reason is the 
same. 

From what has been already said, it will be seen how 
important an instrument is the Constitution of the United 
States. 

The carrying out and exercising of the powers therein 
given, is the business of our general orovernment and is 
the civil government of the United States. 

QUESTIONS. 

What does the term United States at once imply ? 
What is the theory of government in the United 
States ? 

! The student is referred to the " Federalist" for the arguments 
advanced in favor of the adoption of the Constitution of the United 
States, and in support of the general plan and system of government 
therein provided. A reading of it will not only be generally valuable, 
as having been written while the subject was under discussion in the 
various state legislatures, but as showing with what jealousy the 
people, individually and as states, examined every provision delega- 
ting powers to the General Government. 
C 



34 CIVIL GOVERNMENT. 

What do you understand by local self-government ? 

What is first to be learned of the Government of the 
United States ? 

With what does it concern itself? 

The second thing to learn ? What do you understand 
by this ? 

A third thing to learn ? 

What does the Constitution of the United States do ? 
Is it written or unwritten ? Have you ever read it ? 

Do the people of the state live under more than one 
government ? In what sense ? Give the illustration in 
the text in your own way. 

What caused the Revolutionary War ? 

Before the Revolution, by whom or what power was 
general authority exercised over the colonies ? After the 
war broke out ? What was and is the necessity for a 
general government ? 

Tell about the Articles of Confederation. Did you 
ever read them ? The Constitution ? How and by 
whom framed ? How adopted ? When ? When did it 
go into operation ? What powers are given the General 
Government? Write an abstract of the chapter. 



CHAPTER IV. 

THE TERRITORY OYER WHICH THE AUTHORITY 
OF THE GENERAL GOVERNMENT EXTENDS. 

The authority of the Government of the United 
States, exercised within constitutional limits, extends 
over the whole territory embraced within the several 
states and territories. 






AUTHORITY OF THE GENERAL GOVERNMENT. 35 

It has jurisdiction also and authority over the District 
of Columbia, and over certain small divisions of territory 
acquired by cession or purchase, and used for navy yards, 
forts, arsenals, lighthouses, and the like. 

But the authority exercised over that territory within 
and that without the borders and jurisdiction of a state, 
is very different in extent. We shall learn, further on, 
something concerning the authority given to the General 
Government with relation to the states and their inhabit- 
ants. 

Over all territory outside the jurisdiction of a state, 
the authority of the General Government is supreme. 

In the District of Columbia Congress governs directly, 
attending to and legislating for all the internal affairs of 
the District. 

In the navy yards, arsenals, and like places, few 
people will be found not actively engaged in the service 
of the United States. 

It is usual, when a state sells or gives a part of its 
territory to the United States, for the purposes desig- 
nated, to provide that process from the state courts may 
be served therein. Otherwise, persons committing 
crimes within a state against its laws, and fleeing to one 
of these localities, would be safe from arrest. 

In the territories, the Congress of the United States 
prescribes in what manner the people shall be governed. 

The people are not entitled to self government, ex- 
cept as Congress grants the right. Over them exclusive 
and unlimited power of legislation is given to Congress 
b}^ the Constitution, and its exercise has been sanctioned 
by the courts. 1 

1 See Const. U. S. Art. 1, Sec. 8; Art. 4, Sec. 3. See also The 
American Insurance Co. v. Canter, 1 Peter's U. S. Rep., 511; 3 



36 CIVIL GOVERNMENT. 

The United States owns the land, not patented, in all 
the great territories. It may sell or give it away. Its 
disposal is all within the authority and discretion of 
Congress. ' 

Under the authority vested in Congress, it has passed 
laws providing for the erection of territorial govern- 
ments, and the appointment of officers in each ter- 
ritory. 2 

It allows delegates in Congress to be chosen every 
second year by the people of organized territories, giv- 
ing them the right to debate, but not to vote, in the 
House of Eepresentatives. 

Territories can only be admitted into the Union and 
become states at the will of Congress. 

It need hardly be said that the inhabitants of the 
territories and of the District of Columbia do not pos- 
sess the right to participate in the general government. 
They do not vote for President or Vice-President of the 
United States, and, except as above mentioned, are not 
heard in national affairs. 3 

QUESTIONS. 

Over what territory has the Government of the United 
States jurisdiction and authority ? 

Is the authority greater over the States, or over the 
territory not embraced in a state? 

What authority is exercised over the District of 
Columbia ? The Territories ? 

In what manner are the Territories governed? 

Story's Commentaries, 193-198; Hepburn v. Ellzey, 2 Cranch, 445; 
Corporation of New Orleans v. Winter, 1 Wheaton, 91. 

1 Johnson v. Mcintosh, 8 Wheaton, 543; Fletcher v. Beck, 6 
Oranch, 142, 143; Const. U. S., Art. 4, Sec. 3 

2 See Ordinance of Congress of 1787, and acts since passed for 
same purpose. 

3 See post p. 182, and note. 



DEPARTMENTS OF GOVERNMENT. 37 

To what extent do the inhabitants participate in the 
government of the United States ? 

Who owns the land in the Territories ? 

What authority admits a Territory into the Union ? 
Do the inhabitants of the Territories vote for President 
of the United States ? 

Why is this so ? How is it in the District of Co- 
lumbia ? 

Write an abstract of the chapter. 



CHAPTER V. 

DEPARTMENTS OF GOVERNMENT. 
Legislative Department. 

Tn the plan of government provided by the Constitu- 
tion, and under which we live, the three great powers of 
government—the law-making or legislative, law-enforc- 
ing or executive, and the judicial power — are placed in 
different hands and constitute three departments, each 
separate and independent. The legislative power is 
vested in a Congress of the United States This Con- 
gress is composed of two houses or branches, viz., the 
House of Representatives, or lower house, as it is called, 
and the Senate. Delegates from the States make up 
these bodies. 

HOUSE OF REPRESENTATIVES. 

Delegates to the House of Representatives are elected 
in the several states, by the people thereof, every second 
year. For the purposes of this election the States are 



38 CIVIL GOVERNMENT. 

divided into Congressional districts. This division is 
made every tenth year, after the taking of the census of 
the United States. Representatives are apportioned to 
the several States by Congress, according to the respective 
numbers (population). In determining the numbers in 
each state, Indians not taxed, are excluded. 

The act of Congress of February 25, 1882, provides 
that after March 3, 1883, the House of Representatives 
shall consist of three hundred and twenty-five members; 
that whenever a new state shall be admitted, the repre- 
sentatives therefrom shall be in addition to this number. ' 

The following table shows the ratio of representation 
and whole number of delegates in the House of Repre- 
sentatives, under the Constitution of 1789, and after each 
census since. 

No. of 
One Delegate to. Delegates. 

Constitution of 1789 30,000 population 65 

1st census, from March 4; 1793. 33,000 population 105 

2d census, from March 4, 1803 33,000 population 141 

3d census, from March 4, 1813 35,000 population 181 

4th census, from March 4, 1823 ..... .40,000 population 213 

5th census, from March 4, 1833 . , . . .47,700 population 240 

6th census, from March 4, 1843 70,680 population 223 

7th census, from March 4, 1853 93,423 population 237 

8th census, from March 4, 1863 127,381 population 243 

9th census, from March 4, 1873 131,425 population 293 

10th census, from March 4, 1883 154,325 population 325 

The constitutional qualifications for a delegate are, 
that he must be twenty-five years old, have been for 
seven years a citizen of the United States, and, when 
elected, an inhabitant of the state in which he is chosen. 

In case of a vacancy in the representation from any 

1 See also act of same date providing for apportionment among 
the states. 



DEPARTMENTS OF GOVERNMENT. 39 

state the Governor of that state orders a new election to 
fill such vacancy. 

The House of Representatives chooses its own officers. 
There are many of these. The principal officer of the 
House is the Speaker. He is the presiding officer and 
is chosen from the delegates elected. It is also usual to 
elect a Speaker pro tempore, who acts as presiding officer 
in the absence or during disability of the Speaker. By 
a custom of the House of Representatives, the Speaker 
selects and appoints members to the various committees 
of the House. As the greater part of the work of Con- 
gress is done in committee, and as the committee 
appointed to consider any branch of legislation has, 
justly, great influence over those subjects referred to it, 
it will be seen that the power of the Speaker is very 
great. His course in the appointment of committee-men 
at the opening of a new Congress ; indeed, the person 
elected Speaker, if of pronounced views upon political 
matters of present interest to the people, outlines in a 
great measure the policy of that political party which is 
in the ascendant in the House of Representatives, upon 
those matters. 

Next to that of President of the United States, the 
office of Speaker of the House of Representatives has 
come to be, apparently, the most important, politically, 
in the government. 

The House of Representatives elects its clerks, Ser- 
geant-at-Arms, door keepers, and other officers necessary 
to perform its business. 

In addition to the members elected from the states, 
a delegate chosen by the people of each organized terri- 
tory, is allowed a seat in the House, and a voice in 
debate. He has no vote. 



40 CIVIL GOVERNMENT. 

The House of Representatives has the sole power of 
originating bills for revenue, 1 and the sole power of 
impeach aient. 2 

THE SENATE. 

The Senate of the United States is composed of two 
senators from each state. They are chosen by the state 
legislatures for six years. 

Each senator has one vote. No person can hold the 
office of senator who is not thirty years old, and who has 
not been a citizen of the United States nine years. He 
must also be a citizen of the state choosing him. 

The presiding officer of the Senate is the Vice Presi- 
dent of the United States. He is called President of the 
Senate. In case of the disability, death or removal of 
the Vice President, or when he is acting as President of 

1 This means that all legislation to raise money for purposes of 
government, must originate in or be proposed by the House of Repre- 
sentatives. In all matters connected with the enactment or making 
of laws, the two houses of the legislature are of equal importance 
and power and laws may generally be proposed in either house. 
The constitutional provision regarding bills for revenue, is like the 
custom in England. In Parliament money bills can only originate in 
the House of Commons. 

In Congress the Senate may amend bills of this character and 
must give them their assent before they can become laws. In Eng- 
land the House of Lords is not allowed to amend such bills, and even 
their right to reject them is denied. 

2 When the President, Vice-President, or any civil officer of the 
United States shall be guilty of treason, bribery, or any other high 
crime or misdemeanor, they are subject to impeachment, and removal 
if found guilty, and the articles of impeachment or charges must come 
from the House of Representatives. In trying on^ against whom 
charges are preferred, the Senate sits as a court to try the charges. 
If the President of the United States is tried, the Chief Justice of the 
Supreme Court of the United States presides. When sitting for this 
purpose senators are either sworn or affirmed to try the impeachment 
as judges would do. Two-thirds of the senators present must agree 
to convict. If the person tried is found guilty, the judgment of 
the Senate can only extend to the removal of the person from office, 
and disqualify him from holding or enjoying any office of honor, 
profit or trust under the United States. 



DEPARTMENTS OF GOVERNMENT. 41 

the United States, the Senate chooses one of its members 
President pro tempore, to act in the place of the Vice 
President. 

The Senate elects its officers, as does the House of 
Representatives. The Senate committees are not ap- 
pointed by the President of the Senate, but are made up 
by the senators themselves, in caucus. 

We have already seen that, in general, any law may 
originate in either house of Congress, and that the assent 
of each house is necessary to make a law. 

Congress must meet at least once in each year. Their 
meeting is on the first Monday in December, and they 
meet at the Capitol, in Washington. Each house sits by 
itself. 

Each house is the judge of the election, return and 
qualifications of its members. A majority of each is a 
quorum to do business, and a less number than a quorum 
may adjourn from day to day, and may compel the 
attendance of absent members in such manner and under 
such penalties as each house may provide. Each house 
keeps and publishes a journal of its proceedings. 

Neither house, during a session of Congress, can, 
without the consent of the other, adjourn for more than 
three days, nor to any other place than that in which the 
two Houses shall be sitting. 

Senators and Representatives receive a compensation 
for their services, paid out of the Treasury of the United 
States. 1 They are privileged from arrest, except for 

1 Compensation first paid members of Congress was six dollars for 
each day's attendance, and six dollars for each twenty miles' travel 
by the usual road in going to and returning from the capital This, 
in case of senators, was increased one-sixth after March 4, 1795. In 
1796, the pay of senators and representatives was six dollars a day, 
and six dollars for every twenty miles' travel. In 1816, the compen- 
sation was fifteen hundred dollars, beside travel fees as before. In 
2* 



42 CIVIL GOVERNMENT. 

treason, felony, or breach of the peace, during their 
attendance upon the sessions of Congress, and in going 
to and from the place where Congress meets. 

QUESTIONS. 

In our country, what division of powers is made ? 
Into how many departments ? What are they called ? 

What is legislative power? In the United States, 
where vested? How is the legislative body divided? 

What are the qualifications necessary for membership 
in the House of Representatives ? By whom elected ? 
How are states divided for this purpose ? Upon what 
basis is this division made ? When ? Vacancy ? Prin- 
cipal officer of the House of Representatives? What 
can you say of his duties and powers ? 

What do you understand by bills for revenue? 
Impeachment ? What is the rule in England concerning 
the originating of money bills ? What is the Senate of 
the United States ? Of whom composed ? How many 
to each state ? Qualifications for the place ? Who pre- 
sides over the Senate ? When does some one else pre- 
side ? In which may bills generally originate ? Is the 
assent of both houses necessary to the enacting of a law ? 
When does Congress meet ? How often ? Where ? For 
what purpose ? What authority decides on the election, 
qualifications and return of a member of Congress? 
What constitutional provisions are there in regard to 
adjournment of either house ? What are members paid ? 

1818, it was fixed at eight dollars per day, and eight dollars for every 
twenty miles' travel. In 1856, a salary of three thousand dollars was 
fixed. In 1866 a salary of five thousand dollars, and mileage at twenty 
cents per mile, which is the present rate of compensation, although in 
1878 it was fixed at seven thousand five hundred dollars, and actual 
traveling expenses. 



POWERS OF CONGRESS, 43 

In what Congressional district do you live? Name of 
your Congressman ? Names of Senators from your 
state? What are the privileges of a member of Con- 
gress ? Write an abstract of this chapter. 



CHAPTEE VI. 

POWERS OF CONGRESS. 
(Art. 7, Sec 8.) 
The Congress shall have power : 

1. To levy and collect taxes, duties, imposts and ex- 
cises ; to pay the debts and to provide for the common 
defense and general welfare of the United States ; but 
all duties, imposts and excises shall be uniform through- 
out the United States. 

2. To borrow money on the credit of the United 
States. 

3. To regulate commerce with foreign nations, and 
among the several states, and with the Indian tribes. 

4. To establish an uniform rule of naturalization, and 
uniform laws on the subject of bankruptcies, throughout 
the United States. 

5. To coin money, regulate the value thereof and of 
foreign coin, and fix the standard of weights and meas- 
ures. 

6. To provide for the punishment of counterfeiting 
the securities and current coin of the United States. 

7. To establish post offices and post roads. 

8. To promote the progress of science and useful 
arts, by securing for limited times to authors and invent- 



44 CIVIL GOVERNMENT. 

ors the exclusive right to their respective writings and 
discoveries 

9. To constitute tribunals inferior to the Supreme 
Court ; to define and punish piracies and felonies com- 
mitted on the high seas, and offenses against the law of 
nations. 

10. To declare war, grant letters of marque and 
reprisal, and make rules concerning captures on land and 
water. 

11. To raise and support armies ; but no appropria- 
tion of money to that use shall be for a longer term than 
two years. 

12. To provide and maintain a navy. 

13. To make rules for the government and regula- 
tion of the land and naval forces. 

14. To provide for calling forth the militia to execute 
the laws of the Union, suppress insurrections and repel 
invasions. 

15. To provide for organizing, arming and disciplin- 
ing the militia, and for governing such part of them as 
may be employed in the service of the United States, 
reserving to the states respectively the appointment of 
the officers, and the authority of training the militia 
according to the discipline prescribed by Congress. 

16. To exercise exclusive legislation in all cases 
whatsoever over such district, not exceeding ten miles 
square, as may by cession of particular states and the 
acceptance of Congress become the seat of government 
of the United States, 1 and to exercise like authority over 
all places purchased, by the consent of the legislature of 
the state in which the same shall be, for the erection of 

1 District of Columbia. 



POWEKS OF CONGRESS. 45 

forts, magazines, arsenals, dock yards, and other needful 
buildings. ! 

17. To make all laws which shall be necessary and 
proper for carrying into execution the foregoing powers 
and all other powers vested by this Constitution in the 
government of the United States, or in any department 
or officer thereof. 

Some of the Constitutional Prohibitions Upon 

Congress. 

1. The privilege of the writ of habeas corpus* shall 
not be suspended, unless when, in cases of rebellion or 
invasion, the public safety may require it. 

2. No bill of attainder, or ex post facto* law, shall be 
passed. 

1 See ante, page 34 et. seq. 

2 This is the most famous writ in the law. The name is from 
the Latin, and means, that you have the body. It is a writ issued by 
a court or magistrate, directed to a person detaining another person, 
and commanding him to produce the body of the prisoner at a certain 
time and place, with the time of his detention and its cause. The 
object of the writ is to cause a legal inquiry into the cause of impris- 
onment, and to effect a release of the prisoner if his detention be 
illegal. The date of the origin of the writ is not known. It was in 
use by the judges in time of Henry VI. Traces of its existence are 
found in the time of Edward III. Similar provisions to the one 
above are found in most state constitutions. It has been held that 
Congress alone possesses power to suspend the writ. In 1863, Con- 
gress authorized President Lincoln to suspend the privilege of the 
writ throughout the whole or any part of the United States in his 
discretion. Under this act a partial suspension took place. The 
power to suspend the writ was never exercised by any state except 
Massachusetts. It was during "Shay's Rebellion," suspended for 
nearly a year (November 1786, July, 1787). In the Confederate 
States it was suspended during the war. Application for the writ 
may be made by the prisoner or by any one in his behalf. It is 
usually by petition, verified by affidavit. There is a penalty usually 
imposed on the magistrate for not issuing in proper case. See Hurd 
on Habeas Corpus; Bouvier's Law Dictionary. 

3 An ex post facto law may be defined as one which makes that an 
offense which was not an offense when committed, or one which 
makes a crime, or act, punishable in a manner in which it was not 
punishable when committed, — a law made to punish acts committed 



46 CIVIL GOVERNMENT. 

3. No money shall be drawn from the Treasury, but in 
consequence of appropriations made by law. 

4. No title of nobility shall be granted by the United 
States. 

5. Congress shall make no law respecting an establish- 
ment of religion, or prohibiting the free exercise thereof ; 
or abridging the freedom of speech or of the press ; or 
the right of the people peaceably to assemble and peti- 
tion the Government for a redress of grievances. 

6. The right of the people to keep and bear arms 
shall not be infringed. 

7. No soldier shall, in time of peace, be quartered in 
any house without the consent of the owner ; nor in time 
of war, but in a manner to be prescribed by law. 

8. The right of the people to be secure in their per- 
sons, houses, papers and effects, against unreasonable 
searches and seizures, shall not be violated ; and no 
warrants shall issue but upon probable cause, supported 
by oath or affirmation, and particularly describing the 
place to be searched, and the persons or things to be 
seized. 

9. No person shall be subject for the same offense to be 
twice put in jeopardy of life or limb ;■ nor shall he be com- 
pelled, in any criminal case, to be a witness against him- 
self, nor be deprived of life, liberty, or property, without 
due process of law ; nor shall private property be taken 
for public use without just compensation. 

before the law was passed, and which had not been declared crimes 
by preceding laws. It does not mean the same as retroactive laws. 
Any ex post facto law is retroactive, but the converse is not necessarily 
true. As used in the Constitution it refers to criminal or penal 
statutes alone. There is a similar provision in most state constitu- 
tions. See 1 Kent's Com., 408; Bouvier's Law Diet., " Ex post facto." 
See, also, for something concerning retroactive laws, Cooley's Const. 
Lim., 265. 



TOWERS OF CONGRESS. 47 

10. In all criminal prosecutions the accused shall 
enjoy the right to a speedy and public trial, by an 
impartial jury of the State and district wherein the crime 
shall have been committed ; to be informed of the nature 
and cause of the accusation ; to be confronted with the 
witnesses against him ; to have compulsory process for 
obtaining witnesses in his favor ; and to have the assist- 
ance of counsel for his defense. 

11. Excessive fines shall not be imposed, nor cruel 
and unusual punishments inflicted. 

12. The enumeration in the Constitution of certain 
rights shall not be construed to deny or disparage others 
retained by the people. 

13. The powers not delegated to the United States 
by the Constitution, nor prohibited by it to the states, 
are reserved to the states respectively or to the people. 

14:. The validity of the public debt of the United 
States shall not be questioned. But neither the United 
States nor any state shall assume or pay any debt or 
obligation incurred in aid of insurrection or rebellion 
against the United States, or any claim for the loss or 
emancipation of any slave. 

15. The right of citizens of the United State to vote 
shall not be denied or abridged by the United States, or 
by any state, on account of race, color, or previous con- 
dition of servitude. 

There is another branch to the legislature. After a 
bill or law has been approved by both Houses of Con- 
gress, it must be approved by the President of the 
United States. 

If he approve and sign it, it becomes a law. If he 
does not approve it, it is his duty to return it to the 
House in which it originated, with his reasons for not 



48 CIVIL GOVERNMENT. 

si^nin^ it. This is called vetoing a bill. When a bill 
is thus returned, there are three things, any one of 
which may be done. That House to which the bill is 
returned may take no further notice of it, or may amend 
it in a way to meet the objections stated in the veto, 
pass it as thus amended, send it to the other House 
of Congress to be approved as thus amended, and so on 
to the President for his approval. But Congress may 
refuse to assent to the objections stated by the President, 
and pass the bill notwithstanding them. This is called 
passing a bill over the veto. This requires that the 
bill be approved by two-thirds of the members elect in 
each House. If the President retains a bill for ten days, 
Sundays excepted, it becomes a law in the same manner 
as if he had signed it, unless Congress by adjournment, 
prevent its return. In such case it does not become a 
law. 

QUESTIONS. 

Tell what you can of the powers of Congress ? What 
is Congress ? Where does its power come from ? How 
is it limited in regard to power? By what? Has it 
general legislative power over all subjects of govern- 
ment ? 

What are some prohibitions upon Congress ? In what 
instrument are these prohibitions found? What do you 
understand by the term " prohibition ? " What is an 
ex post facto law ? What do you understand about the 
writ of habeas corpus ? 

What is the third branch of the legislature ? 

Its authority and power ? 

In what manner is the veto power exercised ? By 
whom ? What is its effect on proposed law ? What 
follows it? 



THE EXECUTIVE DEPARTMENT. 49 

How can a law be passed over the veto ? 
Write an abstract of the chapter. 



CHAPTER VII. 

THE EXECUTIVE DEPARTMENT. 

We have spoken first of the Legislative Department 
because it is the most important department of the Gov- 
ernment. 

While it is true that the different departments are 
independent and equal, it will be seen that the legisla- 
tive has the greatest power. It can not control the 
action of a court already taken, or of the judge of a 
court, nor can it remove him, nor increase or decrease 
his salary. But, excepting the Supreme Court of the 
United States, Congress undoubtedly has power to 
abolish the system of courts as now existing and create 
a new one. It may increase or lessen the jurisdiction 
of inferior courts, it may take away from any inferior 
court jurisdiction, in such way as to practically abolish 
the court. It may change rules of evidence and enact 
statutes of limitations. 

The Second Great Department of Government is 
the Executive. 

The executive power of the United States shall be 
vested in a President of the United States, who shall 
hold his office for the term of four years. 

The President must be thirty-five years old, and a 
natural born citizen of the United States. 
D 3 



50 CIVIL GOVERNMENT. 

He is paid a salary, from the treasury of the United 
States, of fifty thousand dollars a year. 

He is supposed to reside at the Executive Mansion 
provided by the Government, usually called the White 
House, at Washington. 

The Constitution provides that "he shall take care 
that the laws be faithfully executed. " 

Chief among his duties, therefore, is the selection and 
appointment of proper persons to assist in executing the 
laws of the United States. 

For the purpose of executing the laws, and attending 
to the details of executive business, that business has 
been divided and is managed by several departments 
called Executive Departments. 

For these departments the President nominates heads 
or managers, and, with the consent of the Senate, these 
heads of departments are appointed, and constitute the 
President's Cabinet. 

These departments are the department of State, of 
War, of the Navy, of the Interior, of Justice, and the 
department of Post Office and Post Roads, etc. 

The titles of Cabinet officers are Secretary of State, 
War, the Navy, the Interior, the Treasury, and Attor- 
ney General and Postmaster General. 

In these departments are employed the great number 
of men who are doing the detail work of a great govern- 
ment. 

The President, with the advice and consent of the 
Senate, appoints our ministers to foreign powers, the 
justices of the Supreme Court, and the judges of all 
courts inferior to the Supreme Court. 

If during a recess of the Senate a vacancy occurs 
in any office, the appointment to which is made by the 



THE EXECUTIVE DEPARTMENT. 51 

President, the President appoints some person to fill the 
vacancy, the appointment expiring at the end of the 
next session of the Senate. 

By virtue of his office, the President is Commander- 
in-Chief of the Army and Navy of the United States, 
and of the militia of the several States, when it is called 
into the actual service of the United States. 

He has power to grant reprieves and pardons for 
offenses against the United States, except in cases of 
impeachment. He is required, from time to time, to 
give the Congress information of the state of the Union, 
and recommend to their consideration such measures as 
he shall judge necessary and expedient. This is done 
by what is called the President's message. 

The President may, on extraordinary occasions, con- 
vene both Houses or either of them, and in case of dis- 
agreement between them, with respect to the time of 
adjournment, he may adjourn them to such time as he 
shall deem proper. 

In case of the death, disability, resignation or removal, 
of both President and Vice-President, the President of 
the Senate, if there be one, shall act as President ; and 
if there be no President of the Senate, then the Speaker 
of the House of Representatives shall act as President. 

The President and Vice-President of the United 
States are Elected by States. 

Each state has as many votes for President as it has 
members in the Senate and House of Representatives in 
Congress. 

In practice, each political party in a state, in repre- 
sentative convention, elects as many persons, called 
Presidential electors, as the state is entitled to vote in the 



52 



CIVIL GOVERNMENT. 



electoral college. The names of these men are printed 
upon the ballots cast by the voters. 

Previous to the election and to the election of these 
electors, each party has met in national convention, and 
nominated candidates for President and Vice-President 
of the United States. Those electors having received 
the greatest number of votes in each State cast their 
votes for the party candidates. 

QUESTIONS. 

Who is President of the United States ? How many 
Presidents have there been ? What power has the Pres- 
ident? What department of Government does he 
represent ? 

Tell what you can about his duties ? 

Can he make laws ? Can he hold court ? 

What are the qualifications for the office ? How is a 
President elected ? 

Write an abstract of this chapter. 



CHAPTER VIII. 



THE JUDICIAL POWER. 



The judicial power of the United States is, by the 
Constitution, vested in one Supreme Court, and in such 
inferior courts as the Congress may from time to time 
establish. 

The judges, both of the Supreme Court and the infe- 
rior courts, hold office during good behavior, and receive 
at stated times pay for their services from the treasury 



THE JUDICIAL POWER. 53 

of the United States. Their salaries cannot be dimin- 
ished during their continuance in office. 

Since the adoption of the constitution, Congress has 
established United States Circuit and District Courts, 
dividing for this purpose the whole territory of the 
states into circuits and districts. 

Each circuit has a circuit judge, and each district a 
district judge, to preside over the court. 

Courts are held at convenient intervals in each dis- 
trict at at least one place therein. 

Supreme Court. 

The judges of the Supreme Court are each allotted to 
some circuit, and the circuit courts are held either by a 
justice of the Supreme Court, by the circuit judge of 
the circuit, or by the district judge of the district in 
which the court sits, or by any two of the judges named 
sitting together. 

There are eight justices of the Supreme Court of the 
United States, besides the Chief Justice. The salary of 
the Chief Justice is $10,500 a year, and of each Asso- 
ciate Justice $10,000 a year. 

The Supreme Court holds an annual session at Wash- 
ington, commencing on the second Monday of October. 

The United States are divided into nine circuits. The 
first circuit comprises Maine, New Hampshire, Massachu- 
setts and Rhode Island ; the second, Connecticut, Ver- 
mont and New York ; the third, New Jersey, Pennsyl- 
vania and Delaware ; the fourth, Maryland, Virginia, 
West Virginia, North Carolina and South Carolina ; the 
fifth, Georgia, Alabama, Florida, Mississippi, Louisiana 
and Texas ; the sixth, Michigan, Ohio, Kentucky and 
Tennessee ; the seventh, Indiana, Illinois and Wisconsin ; 



54 



CIVIL GOVERNMENT. 



the eighth, Missouri, Iowa, Minnesota, Arkansas, Kan- 
sas, Colorado and Nebraska : and the ninth, California, 
Oregon and Nevada. 

Jurisdiction. 

The courts of the United States have jurisdiction over 
all cases in law or equity, arising under the constitution, 
laws and treaties of the United States ; all cases affect- 
ing ambassadors, other public ministers and consuls ; all 
cases of admiralty and maritime jurisdiction ; all cases 
to which the United States shall be a party ; controver- 
sies between states ; between citizens of different states ; 
between citizens of the same state, where the dispute is 
concerning; lands claimed under grants from different 
states, and between a state or its citizens and a foreign 
state or its subjects. 

In all cases affecting ambassadors, or other public 
ministers and consuls, and in all those cases to which a 
state is a party, the Supreme Court has original jurisdic- 
tion. In all other cases it has appellate jurisdiction both 
as to law and fact, but subject to such exceptions and 
regulations as Congress may see fit to make. l 

1 When we say a court has original jurisdiction over any subject, 
we mean that actions concerning that subject may be begun in that 
court. For instance: In Michigan the circuit courts have original 
jurisdiction in suits arising upon a promissory note, upon which one 
hundred dollars or more is due. Suit may be begun in the circuit 
court upon such a note ; but if the amount due on the note is only fifty 
dollars, suit in the circuit court can not be begun, or if begun, must be 
dismissed, because, it would be said, the circuit court has no jurisdic- 
tion. But original jurisdiction does not mean exclusive jurisdiction. 
The same suit may often be begun in one court or in another, as the 
suitor thinks best. To continue the illustration: A justice's court, in 
Michigan, has jurisdiction to try any cause arising upon a note to the 
amount of three hundred dollars. If one had a note upon which two 
hundred dollars was due, and wished to sue it. he could either begin 
his suit in a justice's court, or in the circuit court. Both courts have 
original jurisdiction where the amount is more than one hundred 



THE JUDICIAL POWER. 55 

As at first constituted the Supreme Court had five 
associate justices and the chief justice. One justice was 
added 1807, two more in 1837, and one in 1863. This 
made nine associate justices, or a bench of ten judges. 
Justice Caton died in 1865, during the administration 
of Andrew Johnson. A law was passed by Congress 
over the veto of the President, forbidding the filling of 
the vacancy, or appointment of any more judges, until 
the number of associate justices should be reduced to six. 

In 1869, Congress passed a law, making the number 
of associate justices eight. ! 

The Supreme Court has been a great power in national 
affairs. In the history of its proceedings, as in no other 

dollars, and are said to have concurrent jurisdiction in suits on con- 
tract, involving from one to three hundred dollars. 

By appellate jurisdiction is meant jurisdiction to try and deter- 
mine or to review and correct suits or determinations, which have 
already been passed upon by some other and lower court. 

Thus if you sue or are sued in justice's court, upon a contract 
involving in amount fifty dollars, and are not satisfied with tne result 
of the suit, you may appeal your case, to the circuit court of the 
county and have it there again tried and determined. 

In such case the circuit court is said to be an appellate court, or 
court to which an appeal has been taken, The most common exer- 
cise of appellate jurisdiction is where causes are taken from courts 
of general jurisdiction to the court of review, on writ of error or cer- 
tiorari. In such cases, the questions passed relate to the decisions of 
law made in the court where the cause was tried, and the judgment 
is either affirmed, or the cause is sent back for a new trial. 

Congress has by statutes limited the appellate jurisdiction of the 
Supreme Court of the United States, and the limitations refer princi- 
pally to the amount involved in the controversy. 

! In all there have been eight chief justices: John Jay ; John 
Rutledge, who only sat during one term, and whose appointment was 
not confirmed by the Senate; William Gushing, who had been an 
associate justice from the organization, and who resigned the office of 
chief justice at once, but remained on the bench as associate until his 
death; Oliver Ellsworth, appointed in 17^)6, and resigned in 1801; 
John Marshall, who was chief justice for thirty-four years; Roger B. 
Taney, who remained on the bench twenty- eight years; Salmon P, 
Chase, from 1864 to 1873, and Morrison R. Waite, the present chief 
justice. 



56 



CIVIL GOVERNMENT. 



history, can be seen the gradual harmonizing by judicial 
authority of the differences which early sprang up be- 
tween the state and federal authorities. ! 

A large and notable amount of this was accomplished 
during the term of John Marshall, as chief justice, 
and the posterity of the American citizens of that time 
have reason to congratulate themselves that so able and 
pure a judge, so great a lawyer and a man so thoroughly 
imbued with the correct spirit of our institutions was 
then the presiding judge and genius of this court. 

The act or acts of Congress found in the United States 
statutes under the title "The Judiciary," make pro- 
vision concerning the jurisdiction of the Supreme Court, 
not already established by the Constitution, and deter- 
mine and limit the jurisdiction by the Circuit and the 
District courts. It is not profitable nor possible to 
attempt even a digest of these provisions. 

One or two provisions may be noticed. The Supreme 
Court has exclusive jurisdiction over all controversies 

^considerable number of the earlier cases in this court were 
suits against states, by citizens of other states, of which the Supreme 
Court had by the constitution original jurisdiction. 

In the case of Chisholm v. Georgia, reported in 2 Dallas' Reports, 
419, the Supreme Court decided that a state could be sued by citizens 
of another state. To this decision and the authority of the court the 
legislature of Georgia made open defiance. The power appeared so 
inexpedient, that Congress proposed an amendment to the constitu- 
tion in this respect, and the eleventh amendment to the constitution 
was adopted. 

Another case of great importance was the one known as the Dart- 
mouth College case (Dartmouth College #. Woodward, 4 Wheaton,518) . 
A charter had been granted by the British Crown to the trustees 
of Dartmouth College, in 1769. This the Supreme Court held to be a 
contract within the meaning of the Constitution ; that an act of the 
legislature of New Hampshire altering the charter in a material 
respect without the consent of the college authorities, was unconsti- 
tutional and void as an act impairing the obligation of a contract. 
See Art. I, Sec. 10, Const. U. S. 

The Supreme Court not only held the law void, but in doing so 
set aside the judgment of the state court affirming its validity. 



THE JUDICIAL POWER. 57 

of a civil nature where a state is a party, except 
between a state and its citizens, or between a state and 
citizens of other states, or aliens. In these cases it has 
original but not exclusive jurisdiction. It also has 
exclusive jurisdiction of all suits or proceedings against 
ambassadors or other public ministers, or their domes- 
tics or servants, and original, but not exclusive jurisdic- 
tion of all suits brought by ambassadors or other public 
ministers, or in which a consul or vice-consul is a party. 

It is also provided that the trials of issues of fact 
in the Supreme Court, in all actions at law against citi- 
zens of the United States, shall be by jury. 1 

Without particularizing, most civil cases heard and 
determined in a district or circuit court of the United 
States where the amount in controversy exclusive of 
costs exceeds the sum or value of five thousand dollars, 
may be reviewed at the option of either party in the 
Supreme Court. 

There are some causes, or classes of causes, where 
writ of error or appeal is allowed without regard to the 
amount in dispute. Among these are cases touching 
patent-rights, copy-rights ; actions for enforcement of 
the revenue laws, some actions against officers of the 
revenue. 

But the Supreme Court has appellate jurisdiction in 
another class of cases concerning which something has 
already been said. This is jurisdiction to issue a writ of 

1 It is now many years since a jury was empanneled to try a 
question of fact in the Supreme Court. It is said that early in the 
history of the court they were regularly empanneled and held ready 
to be used if needed. The case of the State of Georgia asrainst Sam- 
uel Brailsford, tried in 1794, when the court sat at Philadelphia, was 
tried by jury. It is probable no jury has been in atteadance upon 
this court since before the time of Marshall. 



58 



CIVIL GOVERNMENT. 



error to the highest court of any state for the purpose of 
reviewing the decision of that court in certain cases. 

The cases are those where is drawn in question the 
validity of a treaty or statute of, or authority exercised 
under, the United States, and the decision made by the 
state court is against their validity ; or where the valid- 
ity of a statute passed by the legislature of a state, or an 
authority exercised under the state, is questioned, as 
being repugnant to the Constitution, treaties, or laws of 
the United States, and the decision of the state court is 
in favor of their validity ; or where any title, right or 
immunity is claimed under the Constitution, or any 
treaty or statute of, or commission held or authority 
exercised under the United States, and the decision of 
the state court is against the title, right or privilege, or 
immunity specially set up and claimed by either party. 1 

Circuit Courts. 

The Circuit Courts of the United States have original 
jurisdiction of suits of a civil nature at law or in equity, 
where the matter in dispute, exclusive of costs, exceeds 
the sum or value of five hundred dollars, and an alien is 
a party, or the suit is between a citizen of the state 
where it is brought and the citizen of another state. 

There are many other cases in which it has juris- 
diction. A corporation created by a state, is a citizen of 
the state within the meaning of this act. 

District Courts. 

The District Courts of the United States have juris- 
diction of all crimes and offences cognizable under the 

*See act Congress September 24, 1789, Sec. 25; Revised Statutes 
United States, Sec. 709. For a leading case on the subject see Martin 
v. Hunter, 1 Wheaton, 304. 






THE JUDICIAL POWER. 59 

authority of the United States, committed within their 
respective districts, or upon the high seas, the punish- 
ment of which is not capital (Revised Statutes United 
States, Title XIII, Chap. 3). The exception to this 
jurisdiction relates to the deposit, etc., of fraudulent 
papers in the office of the Surveyor-General of California. 
The Districts Courts may also try and determine 
cases arising under any act for the punishment of piracy, 
where no circuit court is held in the district ; all 
suits for penalties and forfeitures, incurred under any 
law of the United States ; all suits at common 
law brought by the United States, or by any offi- 
cer thereof, authorized to sue ; all suits in equity to 
enforce the lien of the United States upon any real 
estate for any internal revenue tax ; certain suits for 
the recovery of forfeitures or damages to the United 
States ; all causes arising under the postal laws. It 
is not profitable to notice all the cases or classes of cases, 
in which the District Courts have jurisdiction. For the 
jurisdiction as fixed by statute see United States Revised 
Statutes, Title XIII, Chap. 3. 

Jurisdiction; Source of. 

It will be noticed that, excepting the power and juris- 
diction given in the constitution to the Supreme Court, 
the matter of jurisdiction of the courts is left entirely 
with the Congress. 1 

The Constitution, Art. 3, Sec. 2, provides to what 
cases the judicial power of the United States shall ex- 
tend, and, of course, all jurisdiction is within these 
limits. 

But in most cases the courts cannot exercise jurisdic- 

1 See Turner v. Bank of North America, 4 Dallas, 8 



60 



CIVIL GOVERNMENT. 



tion without the action of Congress, and Congress is 
not bound to enlarge the jurisdiction of federal courts, 
so as to embrace every subject to which the judicial 
power might constitutionally extend. 

It has been decided that Congress has no power to 
extend or enlarge the original jurisdiction of the Supreme 
Court. 1 

And that it has not delegated the exercise of judicial 
power to the Circuit Courts, but in certain specified 



2 



cases. 

But it is seen, and it is important to remember, that 
while the federal authority, legislative and judicial, is 
restrained by constitutional provisions, still the United 
States are one nation and one people, so far as concerns 
matters and power arising under and given by the Con- 
stitution. The judicial power of the United States must 
be competent not only to take care of matters arising 
under the laws of the United States, but to decide upon 
the constitutionality of the laws passed by a State. 

Either all cases arising under the Constitution, laws 
and treaties of the United States, must be brought in 
United States courts, or else the decision of a state court 
must be subject to review in the courts of the United 
States. 

Decisions upon questions which affect the nation must 
oe uniform Nothing but confusion could arise if the 
final judgment in such cases could be entered in the 
courts of the states. 3 



1 Marbury v. Madison, 1 Cranch, 137. 

2 M'Intire v. Wood, 7 Cranch, 504; United States v. Bevans, 8 
Wheaton, 336. 

2 See Kent's Commentaries, vol. 1, "Jurisprudence of the United 
States." 



THE JUDICIAL POWER. 61 



Court of Claims. 



One of the necessary incidents of any sovereign au- 
thority is that it cannot be subjected to suit in its own 
courts, except it so elects, and then only in manner pro 
vided. For the purpose of passing upon the validity of 
claims against the United States, Congress has erected a 
court of claims. It was established by act of February 
24, 1855. It consists of a chief justice and four judges, 
appointed by the President, with the advice and consent 
of the Senate, who hold office during good behavior. 
The pay of these judges is four thousand five hundred 
dollars per annum. 

This court holds one annual session, at Washington, 
beginning on the first Monday in December. 

The jurisdiction given this court, by Congress, is 
found in Chapter twenty-one, Title XIII, of the Revised 
Statutes. It may hear and determine claims founded on 
statutes, or contracts, or referred to it by Congress ; 
set-offs and counter-claims of the Government against 
claimants ; claims of disbursing officers ; for captured 
and abandoned property. 

A. large portion of the business done by this court 
since the war of the Rebellion has arisen from claims 
preferred by parties claiming to have been damaged by 
acts of the federal army. 

From judgment entered in this court, there is an ap- 
peal to the Supreme Court of the United States. 

Any final judgment against the claimant, either in 
the Court of Claims, or on appeal to the Supreme 
Court, is a bar to any further claim or demand arising 
out of the matters involved in the controversy. 

When a demand is allowed by the court, it is paid 



62 CIVIL GOVERNMENT. 

out of the Treasury of the United States from any funds 
appropriated generally to the payment of claims. 

Any claim against the United States which might be 
tried and determined in this court, is forever barred un- 
less action is begun within six years after claim first 
accrues. 

But there are exceptions in cases where certain 
enumerated disabilities exist when a claim first accrues. 
In the excepted cases, the claim is not barred until three 
years after the disability is removed. 

QUESTIONS. 

By what instrument are powers of government dis- 
tributed ? How and where was this instrument framed ? 
In what hands is the judicial power vested? How are 
judges appointed ? How long do they hold office ? 
What courts have been established by Congress ? Tell 
what you can of the Circuit Courts ? How many jus- 
tices of the Supreme Court ? How many circuits in the 
United States? How many circuit judges? In what 
circuit do you live ? In what district ? What is original 
jurisdiction ? Appellate jurisdiction ? Concurrent juris- 
diction ? What can you tell of the history of the Su- 
preme Court ? Can it be abolished by Congress ? Why 
not? Who is present Chief Justice? From what 
state ? 

What exclusive jurisdiction has Supreme Court? 
Can a case be begun in that court ? What cases ? What 
is the principal business or jurisdiction of Supreme 
Court? 

What class or classes of causes may be reviewed by 
the Supreme Court ? In reviewing these does the court 
exercise original or appellate jurisdiction ? Does the 



CONSTITUTIONAL PROHIBITIONS UPON STATES. 63 

amount involved have anything to do with the right to 
have cause reviewed ? 

Is this true of all cases ? What is the jurisdiction of 
Circuit Courts ? District Courts, give jurisdiction ? 

What other court is there ? For what purpose estab- 
lished? Why? 

How is the court constituted ? Its sessions ? 

What is necessary to be done before a state can be 
sued by one of its citizens ? Why ? Is there an appeal 
from decision of Court of Claims ? To what tribunal ? 

Write an abstract of the chapter. 



CHAPTEK IX. 

SOME OF THE CONSTITUTIONAL PROHIBI- 
TIONS UPON STATES. 

1. No state shall enter into any treaty, alliance or confederation; 
grant letters of marque and reprisal; coin money; emit bills of 
credit; make anything but gold and silver coin a legal tender in pa} r - 
ment of debts ; pass any bill of attainder, ex post facto law, or law 
impairing the obligation of contracts; or grant any title of nobility. 
—Art. 1, Sec. 10. 

Treaty, Alliance, Confederation. 

The reason for this prohibition upon the states is ob- 
vious. The treaty making power ought to belong exclu- 
sively to the nation. There should be no dealings with 
foreign states or powers, except by the General Govern- 
ment. A treaty made by the General Government is the 
law of the land, binding upon all the states, and its 
enforcement or non-enforcement a question of general 



64 



CIVIL GOVERNMENT. 



national policy. This prohibition is an expression of 
the sentiment of the states assembled in convention for 
the purpose of laying the foundations for a system of 
government, that the dealing with all foreign powers 
should be through the national authorities, and that the 
states should have no such power. The President and 
Senate can alone make treaties. 



Letters of Marque and Reprisal. 

By tne Constitution the authority is given Congress 
to grant these letters. It is also prohibited to the states. 

A letter of marque and reprisal is a commission 
granted by the government to a private individual, to 
take the property of a foreign state, or of the subjects of 
a foreign state, as reparation for an injury committed by 
such state, its citizens or subjects. 1 

It is a hostile measure to redress grievances, but such 
letters are granted when the nation granting them and 
the nation against whom granted are at peace. They 
.are not necessarily preliminary to war. It is a manner 
of retaliating for injuries suffered by a nation or its 
citizens at the hands of another nation. 

A vessel fitted out at private expense and armed with 
this commission is called a privateer. To encourage 
this sort of warfare, the owners and crews of such vessels 
are allowed to divide and appropriate to themselves the 
property captured. Privateering was formerly very 
common. In 1856, the leading powers of Europe, in 
congress at Paris, declared against privateering. In 
this congress and declaration the United States declined 
to join. During the civil war in America, Congress 

1 See Bouvier's Law Dictionary, " Letter of Marque." 



CONSTITUTIONAL PROHIBITIONS UPON STATES. 65 

authorized the President to grant letters of marque. 
None were issued. 

The Confederates offered such letters to foreigners, 
but they were not accepted. 1 

Coin Money. 

There are many obvious reasons why, in a great 
nation, there should be a regular and uniform coinage. 
If each state could coin money, making a standard of 
weight and fineness for itself, giving to each coin a name 
of its own, the confusion would be great. The states 
are so closely bound together in interests, in commerce 
especially, that it would practically be impossible to 
conduct business with so many kinds of coins. 

Bills of Credit. 

No state shall emit bills of credit. In the sense in 
which the term is used in the Constitution, a bill of 
credit is paper or notes issued by a state, on the faith 
and credit of the state, designed to circulate as money. 

The prohibition does not apply to notes of a state 
bank, drawn on the credit of a particular fund set apart 
for the purpose. The state may incorporate a bank, and 
bills be issued and circulated as money; but so lon<r as 
they circulate upon private credit, they are not bills of 
credit within the meaning of the Constitution. 2 

Nor does the prohibition extend to an evidence of 
indebtedness issued by a state for money borrowed or 
services performed for it. 

1 See on this subject generally, 1 Kent's Commentaries, 96 ; Twiss, 
Law of Nations, 73; Story, Const.; Wheaton's International Law, 
§ 290; Chitty, Law of Nations, § 1,356; Declaration of Paris, April 
15, 1856; Bouv. L. Diet., ''Privateer." 

2 See 1 Kent's Com , p. 407 ; Craig v. State of Missouri 4 Peters' 
U. S Rep., 410; Briscoe v. Bank of Kentucky, 11 Peters', 257. 

E 3* 



66 CIVIL GOVERNMENT. 

Bill of Attainder. 

The doctrine of attainder is hardly spoken of or 
known to present generations. Formerly, in England, 
whenever a person had committed treason or felony and 
received sentence of death for his crime, it worked an 
attainder. It was the extinction of all civil rights and 
capacities. Its effect was to forfeit to the crown all his 
estate, real and personal. His blood was corrupted, so 
that nothing passed by inheritance from or through him. 

Abolished in England by Statute 33 and 34 Victoria, 
Chapter 23. In this country, during and after the Revo- 
lution, acts of attainder were passed by several states. 

A bill of attainder was a legislative conviction and 
punishment for crime. ! 

We have already learned what an ex post facto law is, 
and probably no further reference need be made to that 
subject. 

No State shall Pass a Law Impairing the Obliga- 
tion of Contracts. 

This provision has given rise to as much discussion 
and litigation as any clause in the Constitution. It is a 
constitutional restriction upon the legislative power of 
the states. 

It was early settled, or decided, that when a law 
was in its nature a contract, and absolute rights had 
vested under that law, that a repeal of the law could not 
impair these acquired rights. A grant is a contract, 
within the meaning of the Constitution, and a grant from 
a state is as much protected as one from an individual. 

! See Macaulay's History of England; Story, on Constitution, 
§ 1 344; Cummings v. Missouri. 4 Wallace, 277; Ex parte Garland, 
4 Wallace, 333; Cooley, Const. Lini., p. 262 and note 1. 



CONSTITUTIONAL PROHIBITIONS UPON STATES. 67 

Nor can the legislature repeal laws creating private cor- 
porations, so as to take away property, or vest it in 
others, without the consent of the corporation, or some 
default on its part. 1 It has been held that a contract 
between two states was protected in the same manner. 2 

Republican Form of Government. 

No state can abolish the republican form of govern- 
ment. Such a form of government is guaranteed by 
the Constitution of the United States, and if abolished 
would call for and receive the direct intervention of the 
federal authority. 

QUESTIONS. 

Write an abstract of Art. 1, Sec. 10, United States 
Constitution. 

What is a treaty? What are letters of marque aud 
reprisal ? 

What is a bill of attainder ? Ex post facto law? 

Reasons why a state should not make a treaty or alli- 
ance? 

What authority can alone make treaties ? 

Why should not each state coin money ? 

What is a bill of credit? To what extent does the 
prohibition extend ? Has a state power to incorporate a 
bank ? 

When was attainder abolished in England? When 
in this country? Write an abstract of what is said 
concerning laws impairing the obligations of contracts. 

Fletcher v. Peck, 6 Cranch. 87; New Jersey v. Wilson, 7 
Cranch, 164 ; Terrel v. Taylor, 9 Cranch, 43 ; Dartmouth College v. 
Woodward, 4 Wheaton, 518. 

2 Green v. Biddle, 8 Wheaton, 1. See, generally, Cooley's Const. 
Lim., 273; 1 Kent's Com., 413. 



68 



CIVIL GOVERNMENT. 



CHAPTER X. 



SOME OTHER POWERS OF SOVEREIGNTY. 

Eminent Domain. 
The right to take private property for public use, is 
one inherent in the sovereign power. But for the 
restrictions upon this power in the Constitution of the 
United States and of the states, we should not be con- 
cerned with the subject, except as a general power of 
government. It is important to know the force and 
effect of the power as restricted. 

What the Right is. 

The eminent domain has been defined as "the right 
which belongs to the society or to the sovereign of dis- 
posing in case of necessity, and for the public safety, of 
all the wealth contained in the state." This is a narrow 
definition because, unless convenience is to be treated as 
a necessity, it does not define the right. There exists in 
every government, or in the aggregate of the society, an 
idea and right of property remaining after the grant to 
individuals of the highest private title. It is sometimes 
said that when title is taken from the government, there 
is always an implied reservation by the government, of 
the right to resume possession and control of the prop- 
erty, in the manner directed by the Constitution and 
laws of the state, whenever the public interest requires 
it. " Title to property is always held upon the implied 
condition that it must be surrendered to the Govern- 



SOME OTHER POWERS OF SOVEREIGNTY. 69 

ment, either in whole or in part, when the public neces- 
sities, evidenced according to the established forms of 
law, demand." 

The right is the same one existing in the society or 
state, as the one to navigate public waters, to fish in 
them, and the like. But in the navigation of navigable 
lakes and streams, no private rights are interfered with. 
When, however, a common highway becomes a neces- 
sity, there are usually private rights to be first divested. 
The owner of land necessary to the road may dedicate it 
to the public for use as a highway, may sell it to the 
public, or may be forcibly dispossessed if he will neither 
sell nor give. 1 

' 6 As there is not often occasion to speak of the eminent 
domain except in connection with those cases in which 
the government is necessitated to appropriate property 
against the will of the owners, the right itself is generally 
defined as if it were restricted to such cases, and is said 
to be that superior right of property pertaining to the 
sovereignty by which the private property acquired by 
its citizens under its protection may be taken or its use 
controlled for the public benefit, without regard to the 
wishes of the owners. More accurately, it is the right- 
ful authority which must rest in every sovereignty to 
control and regulate those rights of a public nature 
which pertain to its citizens in common, and to appro- 
priate and control individual property for the public 
benefit, as the public safety, convenience, or necessity 
may demand." 2 

Property Subject to the Right. 

Every species of property may be taken under this 

1 See Cooley, Const. Limitations, Chap. XV. 

2 Ibid., p. 524. 



70 CIVIL GOVERNMENT. 

right which can not be appropriated by any other recog- 
nized right. Money, and rights of action only, it cannot 
be needful to take in this way. 

The Right as Belonging to the National Authority. 

The regulation, in this country, of private rights, 
privileges, and immunities belongs to state government. 
The right of eminent domain pertains to state govern- 
ments rather than to that of the nation. 

In the new Territories, where the United States Gov- 
ernment possesses complete sovereignty, it possesses this 
right also. When the state is formed, the right passes 
to it. The General Government then possesses the right 
only so far as it has sovereign authority. It may still 
exercise it for its own purposes, as for forts, light-houses, 
military roads, and similar purposes. 

Must be for a Public Purpose. 

The right can only be exercised for a public purpose. 
But what is a public purpose ? Certainly if the public 
interest will in no way be promoted, the purpose cannot 
be a public one. 

There could be no protection at all to private prop- 
erty if it could be taken for any but public uses. Yet 
there is great variety of opinion as to what may be con- 
sidered and treated as a public purpose, so as to allow 
the exercise of this right. It has been said that if the 
public interest can in any way be promoted, it must rest 
in the wisdom of the legislature whether the benefit will 
be sufficient to warrant the exercise of the right. 

The legislatures of several states have authorized the 
taking of lands for mill sites, when it was impossible, 
from the nature of the country, to obtain mill sites with- 
out overflowing lands thus condemned. 



SOME OTHER POWERS OF SOVEREIGNTY. 71 

There may have been a time when the government 
should allow the exercise of this right in favor of saw 
mills or grist mills. At present, however, it would 
seem that hotels, churches, and mills of every kind were 
as much a public necessity as saw mills. 

The right is most frequently exercised in condemning 
lands and other property for canals, drains, wharves, 
and public roads of all kinds. But, as has been before 
stated, the right is the same one exercised by govern- 
ment in building levees, court-houses, universities, 
prisons. 

"The common highway is kept in repair by assess- 
ments of labor and money ; the tolls paid turnpikes, or 
the fares on railways, are the equivalents to these assess- 
ments, and the latter are equally public highways with 
the others, when open for use to the public impartially. 
The government provides court-houses for the adminis- 
tration of justice; buildings for its seminaries of instruc- 
tion ; aqueducts to convey pure and wholesome water 
into large towns ; it builds levees to prevent the country 
being overflowed by the rising streams; it may cause 
drains to be constructed to relieve swamps and marshes 
of their stagnant water; and other measures of public 
utility, in which the public at large are interested, and 
which require the appropriation of private property, are 
also within the power, where they fall within the same 
reasons as the cases mentioned." l 

The Taking. 

The taking must be by legislative authority, and the 
legislature of the state must determine in what cases the 
right shall be exercised. But the taking need not be 

1 Cooley Const. Lim., 533. 



72 CIVIL GOVERNMENT. 

by the state itself, nor to the state. If in the opinion of 
the legislature the use can be made as effectual by the 
employment of other agencies, they may be employed. 

In the case of a common highway, the title to the 
land taken is not disturbed. It remains in the former 
owners of the soil. The land is subjected to the burden 
of the public right of travel. This right acquired by the 
public is called an easement. 

This easement or right is protected by government by 
criminal proceedings when the general right is disturbed. 
In other cases it is important and proper that the title to 
the property should be taken to the municipality for 
whose use it is especially designated. Take the case 
where land is needed for a district school-house. The 
building and the land upon which it is to be built are for 
the especial benefit of the people of the district. It is 
to be under the care of the district. The legislature 
delegates to the district the exercise of the power of 
eminent domain. In the case of railroads the right is 
delegated to the corporation. It being established by 
the legislature that railroads are a public necessity, and 
can be as well or better built, so far as the general 
benefit is concerned, by individuals or corporations, they 
have been authorized to take private uroperty for the 
construction of such highways. 

Limitations. 

By whomsoever the right is exercised, it is limited in 
both the federal and state constitutions. 

In the Federal Constitution is the direct provision that 
private property shall not be taken for public use with- 
out just compensation. This is usually repeated in state 
constitutions. But there are other limitations, constitu- 



SOME OTHER POWERS OF SOVEREIGNTY. 73 

tional and resting in common sense. The taking must 
be limited to the necessity. When a part will do, the 
whole can not be taken. If the needed public use can be 
secured by allowing the owner to occupy for some pur- 
pose or purposes not inconsistent therewith, such occu- 
pation should be allowed him. If only the use is needed, 
the title should not be taken. 

But much of what is necessary is for the legislature 
to determine, if indeed the whole question is not for 
them. 

No person shall be deprived of life, liberty or prop- 
erty, without due process of law. This constitutional 
provision would require that the statutes of the state 
adopting or permitting a manner of exercising this great 
right of eminent domain, be followed ; and it is the rul- 
ing of the courts that in any taking, either by the state 
through its proper officers, or by individuals or munici- 
palities to whom the power is delegated, the forms of law 
must be strictly followed. 

Compensation must be provided for in every case, 
and it must be just compensation. When the law has 
directed to what tribunal the fixing of compensation shall 
be left, there is generally no going beyond the decision 
reached. 

But it must be reached in a proper manner, upon a 
proper submission. The government may take private 
property for its own uses, without beforehand making 
compensation to the owner. When it is taken by private 
parties, it is reasonable that the constitution or the stat- 
ute provide for payment either before or at the time of 
the taking. The constitution and statute law of each 
state must be consulted to ascertain the proceedings pro- 
vided for exercising this right. 



74 CIVIL GOVERNMENT. 

The United States a Preferred Creditor. 

The United States have a preference, as creditors, 
over individuals and over states. 1. In the case of the 
death of the debtor, without sufficient assets. 2. In 
case of bankruptcy or legal insolvency of the debtor, 
manifested in some way known to the law. 3. In case 
of a voluntary assignment by the insolvent of all his 
property to pay his debts. 4. In the case of an absent, 
concealed or absconding debtor whose effects are attached 
by process of law. 

The priority was intended to operate only where, by 
law or by act of the debtor, his property was sequestered 
for the use of his creditors. 1 In other words, the claim 
of the United States against a debtor does not operate 
to avoid any lien of other creditors already acquired, or 
any rights in the debtor's property or estate, but, the 
creditors standing upon an equal footing in respect to 
acquired or vested rights in the debtor's estate, the debt 
of the United States is preferred and first paid. 

QUESTIONS. 

What is the eminent domain ? To what power does 
it belong ? Is it restricted in the United States ? 

Tell what the right is. Upon what principle in gov- 
ernment does it depend ? Write an abstract of "what 
the right is." What sorts of property may be taken? 
Why not money ? Why not rights of action ? To what 
extent does the right belong to the National authority ? 
For what purposes must the right be exercised ? Why ? 
What is a public purpose ? What are common instances 
of the exercise of the right ? By what authority must 
the taking be authorized ? Can the state itself condemn 

Kent's Commentaries, I, p. 247. 



PUBLIC REVENUES. 75 

property for its purposes? Can any other person or 
persons receive the authority? From what source do 
railroad companies derive the authority to lay a road 
through a farm ? 

Do cities exercise the same right in taking houses and 
lands for opening a street ? 

Can a school district condemn private property ? For 
what purpose ? Could it condemn property for a church 
site ? Why not ? What are some of the limitations upon 
the exercise of the power ? Is there any limitation upon 
the power of the legislature to exercise the right ? 

How much property or land may be taken ? 

What is compensation? Write an abstract of this 
chapter. What can you say about the United States 
being a preferred creditor ? When is its debt preferred ? 

Write an abstract of this subject. 



CHAPTER XL 

PUBLIC REVENUES. 
Taxation. 

Government must be supported. It pays out money 
to those who do its business. It pays pensions, keeps an 
army and navy for the common defense, and is obliged 
to have revenue from some source. The public needs in 
this regard are supplied by taxation. 

Taxes are "the enforced proportional contribution of 
persons and property, levied by the authority of the 
state for the support of the government and for all 



76 CIVIL GOVERNMENT. 

public needs." 1 "The public revenues are a portion 
which each subject gives of his property, in order to 
secure and enjoy the remainder." 2 They are "burdens 
or charges imposed by the legislative power of a state 
upon persons or property, to raise money for public 
purposes." 3 

The citizen and property owner owes to the Govern- 
ment, for the protection of life, liberty and property, a 
duty to pay taxes. They are necessary, that the Govern- 
ment may carry out its functions. 

Taxes differ from subsidies in being regular and uni- 
form, and they differ from forced contributions, loans 
and benevolences of arbitrary and tyrannical periods, in 
that they are levies by authority of law, and by some 
rule of proportion which is intended to insure uni- 
formity of contribution and a just apportionment of 
the burdens of government. In an exercise of the 
power to tax, the purpose always is that a common bur- 
den shall be sustained by common contributions, regu- 
lated by some fixed general rule, and apportioned by 
the law according to some uniform ratio of equality. 4 
The power to tax is a sovereign power, and the sovereign 
power has unlimited right to tax all persons and property 
within the limits of sovereignty. In the United States, 
under the division of powers made by the Constitution, 
the authority to tax is legislative. We have already 
seen that money bills, or bills for revenue, must origi- 
nate in Congress, and only in the House of Representa- 
tives. While, then, taxation is necessary in some form, 
it is for the legislature to say in what form, to what 

1 Opinions of Judges, 58 Maine, 591. 

2 Montesquieu, Spirit of the Laws, b. 13, ch. 1. 
3 Blackwell on Tax-titles, p. 1. 

4 Cooley on Taxation, p. 2, and cases there cited. 



PUBLIC REVENUES. 77 

extent, and upon what subjects it is discreet or politic to 
lay and apportion a tax. ! 

The executive and judicial departments have nothing 
to do with questions of legislative policy. No matter 
how unjust or oppressive a tax may appear, it will be 
enforced if not opposed to the fundamental law of the 
state. The motives which have influenced the selection 
of objects for taxation, or determined the rate, can not 
be inquired into for the purpose of invalidating the tax. 
But in the United States there are some restrictions upon 
the exercise of the taxing power. 

Restrictions upon the Taxing Power. 

First, in the Constitution. Duties, imposts and excises 
must be uniform throughout the United States. A capi- 
tation or other direct tax must be laid in proportion to 
the federal census, according to which representation in 
the House of Representatives is determined. No tax or 
duty can be laid on articles exported from any state. 
These are express restrictions. To them is to be added 
one, always implied : No tax can be laid on a state or its 
agencies of government, nor any which can tend to im- 
pair the sovereign power of the state. 2 

Second, limitations which inhere in the very power 
itself. Some of these may be given : 1. A tax shall be 
imposed for the public good ; but what is for the public 
good is for the legislature to decide. 2. A tax must be 
laid for a public purpose. The question here, however, 
is not one concerning which the determination of the 
legislature is final. What is or is not a public purpose, 
is a question of law. 3. A tax can only be laid upon 

1 Cooley on Taxation, p. 34. 

* Const. U. S., Art. 1, Sees. 8, 9. Cooley on Taxation, p. 73, et seq 



78 CIVIL GOVERNMENT. 

the persons and property within the territorial limits of 
the sovereignty ; but when a person is resident within a 
state, his personal property accompanies him, in contem- 
plation of law, and he may be required to pay taxes on 
it wherever he is. Real estate within the limits of a state 
may belong to non-resident owners, but may always be 
taxed. 

4. The power to tax can not be delegated. It must 
be exercised by the Congress itself. 

5. And relating, as above stated, to an exception 
always implied : The Federal Government can not tax 
the means or agencies by which the state carries on its 
functions, nor the salaries of state officers, nor a state 
municipal corporation. ' 

Taxes are direct and indirect. Direct taxes within 
the meaning of the United States Constitution are only 
capitation taxes (a tax upon heads, or persons) and taxes 
on lands. 

Direct Taxes. 

The Government has exercised the right to levy a 
direct tax but few times. It can not be made uniform, 
and is objectionable upon that and other grounds. At 
the breaking out of the war of the Rebellion, a direct tax 
was laid on the states. The Northern States, however, 
assumed the amount of the tax themselves, and paid it 
to the General Government, rather than have their citi- 
zens taxed in that manner. 

Indirect Taxes. 

The larger part of the revenues of the United States 
is raised by indirect taxation. Taxes are levied upon 

1 See Cooley, Taxation, pp. 41 to 66. 



PUBLIC REVENUES. 79 

commodities, and are paid by the consumer, in the end, 
in the market price of articles taxed. 1 

There are now very few taxes paid by citizens in any 
other way. These taxes upon commodities may be upon 
those manufactured at home, but are principally upon 
imported goods. A tax upon imports is called a duty 
or impost. 

When the tax is upon the consumption or sale of 
a commodity, it is called an excise. An instance is the 
tax now paid the United States by retail dealers in 
tobacco and liquors. 

Postage. — The money we pay as postage can not be 
called a tax upon us, since service is performed for us for 
which we should pay. If one does not use the post-office 
or mails, there is nothing to pay. The expense of the 
postal system can only fall on such an one when the post- 
office department is not self-supporting, and then only in 
common with everybody else. 

Collection of the Revenue. — The revenue is collected 

2 The text has given the rule applicable to a system of impost 
duties or taxes, laid for purposes of revenue only; but, in the interest 
of home labor and manufacturing, governments sometimes adopt a 
policy protective in character. This has been the policy of the United 
States for years. 

Free trade is the removing of all restrictions and allowing goods 
from foreign nations and countries to be laid down in America, with- 
out tax or charge. Arguments are not wanting in favor of each 
system. 

Many men think that our ports should be open to the world, that 
the world may compete for our trade. Others, that such a tax should 
be laid upon imported goods, that the money necessities of the gov- 
ernment may be met by it. Protectionists believe that each nation 
should be in every way self-sustaining; that the manufacture of such 
goods as are needed in the country should be encouraged; that the 
price at which goods might be bought under a free trade system, is a 
small matter compared with a probable collapse of all manufacturing 
industries, or a continuance of these industries upon a basis of pay- 
ment to labor fixed by the standard of thickly-inhabited European 
countries. The question has become a political one, and concerning 
it old party lines are much broken. 



80 CIVIL GOVERNMENT. 

by the servants or officers of government. There are at 
all ports of entry in the United States collectors of cus- 
toms. These, with their deputies and employes, look 
after the collection of the duties on goods brought into 
this country from foreign nations. 

The United States are divided into Internal Revenue 
Districts, and over each of these is a collector. These 
officers and their deputies collect the internal duties from 
manufacturers and dealers in tobacco, cigars, liquors, 
and the like. 

Public Lands. — A further and considerable source of 
revenue to the United States, is from sales of public lands. 

We have learned that the General Government owns 
the unpatented lands in the great territories. 

Many acres of these are sold by the Government. 
Large quantities are given away, the only requirement 
being a stated prior residence on the land, and certain 
improvements thereon. 

QUESTIONS. 

In what manner is Government supported ? 

What need has the nation of money ? 

What are taxes? What right has the Government to 
call upon citizens for contributions ? Are taxes volun- 
tary or involuntary contributions ? How do they differ 
from subsidies ? 

What is a subsidy ? Give an example of one. 

Upon what principle is the power to tax exercised ? 

Is it a sovereign power ? What department of Gov- 
ernment fixes the amount and names the subjects of 
taxation ? 

What have the executive and judicial powers to do 
with the policy of taxation ? 



HOW THE PRESIDENT IS ELECTED. 81 

Give the constitutional restrictions upon the power of 
taxation. 

What power determines, finally, whether a tax is for 
a public purpose or not ? Why ? 

What are direct taxes. Indirect ? What can you tell 
us about direct taxes? Are such taxes commonly levied 
in this country ? In what manner is the revenue of the 
United States principally raised ? Is postage a tax ? 

How is the revenue collected ? 

What other source of revenue has the United States ? 

Write an abstract of this chapter. 



CHAPTER XII. 

HOW THE PRESIDENT IS ELECTED. 
The Primaries. 

Parties will always make necessary the selection, be- 
fore the time for casting the electoral vote for President 
and Vice-President, of candidates for these offices, that 
there may be combined effort and voting. 

The selection of men for these high offices begins in 
the townships, wards and voting precincts all over the 
United States. The method of participating in nomina- 
tions is republican. Delegates are chosen to a county 
convention. These delegates may be instructed, and 
in all honor bound, by the resolutions of these pri- 
mary conventions, to select only such men in county 
convention as will, in the state convention, elect delegates 
who are favorable to the views of the people in the pri- 
maries, in the choice of candidates. 

I know of no other way by which the people them- 
F 



82 CIVIL GOVERNMENT. 

selves, in a state, can with certainty be heard in a 
national convention. The county convention elects 
delegates to the state or district convention. Whether 
separate district (Congressional districts is meant) con- 
ventions are held, or all meet in state convention, each 
Congressional district nominates its delegates to the 
national convention. In both the Democratic and Repub- 
lican parties the representation from the states is the 
same, viz., two delegates for each Congressional district, 
and two at large, chosen by the state convention, for 
each United States Senator. The Republicans allow also 
two delegates from each organized territory and two from 
the District of Columbia. ! 

The place for holding the national convention is fixed 
by the national committees of each party. 

There, at the appointed time, the delegates assemble. 
The credentials of each delegation are examined by a 
committee for that purpose. A temporary chairman is 
nominated by the national committee. Committees on 
permanent organization, resolutions, etc., are appointed. 
A permanent organization is effected, and the order of 
business adopted is taken up. When the order of bal- 
loting for candidates is reached, nominating speeches are 
made, the roll of states being called to allow names to 
be presented. 

In Republican conventions a majority of all the dele- 
gates present and voting nominate; in Democratic con- 
ventions, a two-thirds vote is required. 

Before the balloting begins, a platform has usually 
been adopted, setting forth the principles of the party, 
with its declarations upon any pending national issue. 

! At the last National Democratic convention, held since the 
manuscript for this work had been prepared, delegates from the 
territories were admitted. 



HOW THE PRESIDENT IS ELECTED. 83 

The Electoral College. 

Each state has as many votes for President and Vice- 
President, as it has delegates in both branches of Con- 
gress: The combined electoral vote of the states is the 
electoral college. A candidate to be elected by the 
electoral college must have a majority of these votes. 

The electors, according to the Constitution of the 
United States, meet in their respective states and vote by 
ballot for President and Vice-President, one of whom, at 
least, shall not be an inhabitant of the same state with 
themselves. 

They are required to name in their ballots the person 
voted for as President, and in distinct ballots the person 
voted for as Vice-President, and make three distinct lists 
of all persons voted for for both offices and the number 
of votes for each. These lists are signed and certified 
by them and transmitted, sealed, two to Washington, 
directed to the President of the Senate — one list by 
mail, the other by special messenger. The third list is 
transmitted to the judge of the district court in the dis- 
trict in which the electors meet. 

These electors are chosen, then, by the people of 
each state, and in this way. Each party, having a candi- 
date for these offices, chooses, in state conventions of the 
party, its electors. It is of course understood that those 
electors receiving a majority or plurality of the votes in 
the state will cast their votes for the party candidates. 

Each party ticket is headed by the names of electors 
chosen by the party. The ballots are cast in the town- 
ships, wards and voting precincts of the state. At each 
polling place they are counted and the result announced. 
The statements of votes are sent to the county clerk of 



84 CIVIL GOVERNMENT. 

each county, as a rule, certified as provided by law, and 
the result in the county transmitted to the persons or 
board designated to canvass the state vote. The persons 
determined by the state canvassers to have been elected, 
receive certificates of election. No senator or represen- 
tative, or person holding an office of trust or profit under 
the United States, can be an elector 

Congress is given power to determine the time of 
choosing electors, and the day on which they shall give 
their votes, and these times are the same throughout the 
United States. 

Electors are chosen on the Tuesday next after the 
first Monday in November, every fourth year. They 
vote on the first Wednesday in December of the same 
year in which they are elected. 

Counting the Electoral Vote. 

The President of the Senate, on the second Wednes- 
day in February next after the election, in the presence 
of the Senate and House of Representatives, opens the 
certificates. In order that certificates of the vote of each 
state may be at Washington on that day it is provided, 
that if none have been received from any state on the 
first Wednesday in January, the Secretary of State shall 
send a special messenger to the judge of the district in 
whose custody is one of the certificates, and said judge 
is required to transmit his copy to Washington at once. 
Upon opening the certificates, the votes are counted. 
The person having the greatest number of votes for 
President shall be President, if he have a majority of all 
the electors. The same is true of Vice-President. But 
if no person has a majority then, from the persons having 
the highest numbers, not exceeding three, the House of 



HOW THE PRESIDENT IS ELECTED. 



85 



Representatives chooses the President. In taking this 
vote it is necessary that there be present a member or 
members from two-thirds the states ; a majority vote of 
all the states is necessary to a choice; the vote is taken 
by states, the representation from each state having one 
vote. 

If no candidate for Vice-President has a majority of 
all the electors, then from the two persons having the 
highest number of votes the Senate chooses the Vice- 
President. For this purpose there must be present two- 
thirds of all the Senators, and a majority of them elect. 

If when the right of choice devolves upon them, the 
House of Representatives shall not choose a President 
before the fourth day of March next ensuing, then the 
Vice-President acts as President, the same as in case of 
the death of the President. 

The following table shows the next electoral college: 



Alabama, - 

Arkansas, 

California, 

Colorado,- 

Connecticut, 

Delaware, 

Florida, 

Georgia, 

Illinois, 

Indiana, 

Iowa, 

Kansas, 

Kentucky - 

Louisiana 

Maine, 

Maryland, 

Massachusetts, 

Michigan. 

Minnesota, 



10 

7 

8 

3 

6 

3 

4 

12 

22 

15 

13 

y 

13 

3 



14 
13 

7 



Mississippi, - 


- 9 


Missouri, - 


16 


Nebraska, 


- 5 

3 

- 4 


Nevada, 

New Hampshire, - 


New Jersey, 


9 


New York, 


- 36 


North Carolina, 


11 


Ohio, -.-. 


- 23 


Oregon, 


3 


Pennsylvania, 


- 30 


Rhode Island, - 


4 


South Carolina, - 


- 9 


Tennessee, 


12 


Texas, - 


- 13 


Vermont - 


4 


Virginia, 


- 12 


West Virginia, - 


6 


Wisconsin, - 


- 11 


Total, 


401 


Necessary to a choice, 


201 



86 CIVIL GOVERNMENT. 

QUESTIONS I 

Tell what you can about how delegates are elected to 
nominate candidates? Where are they first chosen? 
To what convention? From what convention to the 
national convention ? Why are there more than one set 
of conventions ? How many delegates are allowed 
under party rules in the Republican national convention ? 
In the Democratic? Who calls the conventions? Who 
fixes the place for holding them ? Are delegates allowed 
from the territories ? In what party ? Give an account 
of the proceedings at national conventions? Is there 
any difference in parties as to the vote required to nomi- 
nate ? What is it ? What is the electoral college ? 

Tell how they are chosen, where they meet, and how 
they vote ? What record do they make of their vote ? 
What is done with the certificates ? 

How are electors elected? On what day? Is this 
the same in each state ? When do the electors vote ? 
Is this on the same day in all the states ? 

Where are the electoral votes counted? When? 
Before whom ? What is necessary to an election ? If 
the electors have made no choice who elects the Presi- 
dent ? By what vote ? Within what time ? If there 
has been no choice for Vice-President, how is he elected ? 

How many electoral votes are there ? How many 
necessary for a choice ? 



INDEX. 87 



INDEX. 

REFERENCES ARE TO PAGES. 

Introduction 3 

Table of contents. _ _ iii 

Accumulated Constitutions 9 

Act of Congress, takes effect when 16 

Act of Parliament, takes effect when _ _ _ 16 

Arsenals, authority governing 35 

Attainder, bill of 66 

Attorney General, U. S. . - 50 

Authority of Government of U. S., territorial extent 34-36 

Authority, sovereign ; powers exercised by 10 

Bill of Attainder __ 66 

Bills of Credit .._ _ 65 

Bills for Revenue 40 

Circuit Court, State _ 146 

Civil Government, what it is_ _ 18-28 

Imports, what . . 20 

Civil Liberty 25 

Coin money, power to 65 

Collection of Revenue _ 79 

Concurrent jurisdiction, meaning of 55 

Congress, act of, when takes effect 16 

Powers of _ _ _ _ 43-49 

Prohibited powers _ 45-49 

Constitution, definition of _ _ _ _ 7 

Force and effect of _ 9 

How formed.- 8 

Written and unwritten 8 

Constitutional prohibitions upon the States _ 63 

Construction of Statutes 16 

Contracts, obligations of ; laws impairing _ 66 

Convention of 1787 32 

Counting the electoral vote 8<i 

Court of Claims _ ___ 61 

U. S. Supreme 52 

U. S. Circuit _ 58 

Credit, bills of 65 



88 INDEX. 

Definition of Bill of Attainder 66 

of Bill of Credit 65 

of Constitution _ 7-10 

of ex post facto law .__ 45 

of Government 21 

of to govern 18 

of Habeas Corpus, writ of 45 

of Law..-.. 11-13 

of Law of the Land 12 

of Marque and Reprisal, letters of 45 

of Money Bills 40 

of Sovereignty __. ..._ 10 

of State _ 7 

of Statute 13, 16 

Delegates, from Territories to Congress 36 

from the States to Congress 37, 38, 39, 40 

Qualifications of _ 38, 40 

Departments of Government, U. S 37-62 

Executive ... 49-52 

Judicial ... ._ 52-63 

Legislative. 37-48 

Direct Taxes. 78 

Distribution of Powers of Government 25 

District of Columbia, authority governing 35 

District Court, U. S... 53, 54, 58 

Divisions of the State 90 

Election of President 81-86 

Electoral College 83 

Eminent Domain _ _ 68-74 

Limitations on the power 72 

Must be exercised for public purpose 70 

Property subject to be taken . 69 

Right as belonging to national authority _ 70 

The taking _ 71 

What the right is 68 

Executive Department, U. S _ . 49-52 

Ex post facto Law 13, 45 

Family, government in the 18 

A little State ... 19 

Unit of communities 20 



INDEX. 89 

Forts, authority governing, U. S 35 

Govern, to, definition. _ IB 

Government, chief concern of 22 

definition of ., 21 

forms of ... 22 

generally 18-28 

powers of 24-33 

of theU. S . 30-86 

Habeas Corpus, writ of - . . 45 

House of Representatives, U. S. . _ 37, 40 

Impeachment, U. S. Officers 40n 

Indirect taxes _ _ _ _ _ 78 

Judicial Circuits, U. S - 53 

Judicial Power, TJ. S _ ...- 52-63 

Concurrent _ 55n 

in Supreme Court, U. S _ _ 57 

Lands, ownership of unpatented, in territories 36 

Law, ex post facto. _ 13, 45 

Definitions of __ 11 

of the land 12 

Penal_-_ _ 13 

Retroactive _. 13 

Retrospective __ 13 

Legislative Department, government of U. S._. 37-48 

Liberty, civil. 25 

Political 26 

Lighthouses, authority over _ 35 

Marque, letters of 44, 64 

Money Bills, definition of 40 

Navy Yards, authority over 35 

Obligations of Contracts, laws impairing 66 

Officers of Congress. ._ 39, 41 

Ordinance, definition of 14 

Parliament, declared will of, final law 9 

Act of takes effect _ 16 

Penal Law, definition 13 

Political Liberty 26 

definition of 27 

Powers, exercised by the sovereign authority 10 

of Government 24 



90 INDEX. 

Powers, distribution of 25 

of Government, U. S.-_- ... 30-34 

Preferred Creditor. 74 

President of XL S., third branch of Legislature 47 

Death, resignation, etc.. . 51 

Duties __ 50, 51 

Election. 50, 81-86 

Executive power vested in _ _ 49 

Salary _ _. __ 50 

Privilege of Writ of Habeas Corpus 45 

Public Revenues, U. S 75-81 

Representatives, house of, in Congress. 37-40 

Republican form of government, guaranteed the States 67 

Resolution _ _ _ _. 14 

Retroactive law 13 

Retrospective law. _ 13 

Revenues, U. S _ _. 75-81 

Right, not recognized by Government, not available 23 

Secretary of United States 50 

Senate, Congress r 40 

Senators, United States 40 

Sovereignty, definition of 10 

Powers exercised by _ 10 

State, definition of a _ 7 

States, constitutional prohibitions upon __ 63 

Statute, definition of. __ 13 

Opposed to Constitution, effect of 9 

Takes effect when __ 16 

Statutes, construction of _. 16 

Provisions concerning enacting of 15 

Supreme Court, U. S 52, 58 

Taxation, U. S 75-81 

Direct taxes 78 

Indirect taxes. _. 78 

Power of 75 

Restrictions upon power 77 

Territory, over which Federal Authority extends. _ 34 

Territories, delegates from to Congress . . . . 36 

Exclusive power of legislation over 35 

Inhabitants of, participation in government , 36 



INDEX. 91 

Territories, unpatented lands in, ownership 36 

Treaty, alliance, confederation. 63 

United States Government ._ 30-86 

Departments of 37 

Powers of, generally 30-33 

Preferred creditor 74 

Vice President, U. S., election 51 

Vice President, Presiding officer of Senate, etc 40 

When acts as President 40 

Writ of Habeas Corpus 45 

Written and Unwritten Constitutions _ 8 



